Can You Sue a Debt Collector? Your Rights Under the FDCPA Explained
The Fair Debt Collection Practices Act is a federal law that prohibits debt collectors from using abusive, unfair, or deceptive practices when collecting debts, and consumers can sue violators in federal court for actual damages, statutory damages up to $1,000 per violation, and attorney’s fees. Thousands of consumers successfully pursue FDCPA lawsuits each year—and you have the same federal right to fight back when collectors cross legal lines.
How the Law Works
What Is the FDCPA?
The Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) became law in 1978 as part of the Consumer Credit Protection Act. This federal statute specifically targets third-party debt collectors—companies whose main business involves collecting debts owed to others. Original creditors attempting to collect their own debts typically aren’t covered, though many states have parallel laws that apply to them.
The FDCPA gives you a “private right of action,” meaning you can personally sue debt collectors in court without waiting for a government agency to act. This enforcement mechanism puts power directly in consumers’ hands.
Types of FDCPA Violations
The law prohibits four main categories of abuse. Harassment includes calling repeatedly with intent to annoy, using threats of violence, employing obscene language, or calling before 8 a.m. or after 9 p.m. in your time zone (15 U.S.C. § 1692d).
False statements cover misrepresenting the debt amount, falsely claiming legal action will be taken, impersonating attorneys or government officials, or falsely implying nonpayment will result in arrest. Unfair practices include collecting amounts not authorized by your agreement or law, depositing post-dated checks early, or threatening actions the collector cannot legally take (15 U.S.C. § 1692f).
Communication violations occur when collectors contact you after you’ve sent a written cease-and-desist request, call your workplace after being told it’s prohibited, or contact third parties about your debt.
Who the FDCPA Protects and Covers
The FDCPA protects natural persons—not businesses—from third-party debt collectors. To establish a violation, you must prove the defendant is a debt collector under the Act, they engaged in collection activity, they violated a specific FDCPA provision, and you suffered injury or damages. Critically, you don’t need to prove the underlying debt is valid. FDCPA violations can occur even when collecting legitimate debts.
Common Scenarios
When Repeated Calls Become Harassment
Under 15 U.S.C. § 1692d, debt collectors cannot call you repeatedly with intent to harass. If a collector phones you multiple times daily, uses profane language, or calls outside the 8 a.m. to 9 p.m. window despite being asked to stop, this may constitute statutory harassment. Federal courts have consistently held that the intent and frequency of calls matter when determining violations.
False Statements Debt Collectors Make
Misrepresentation violations are among the most common FDCPA claims. When collectors falsely claim they’re attorneys, misstate the debt amount, or threaten arrests that cannot legally happen, they violate 15 U.S.C. § 1692e. Courts have awarded damages when collectors misrepresent that legal action is imminent when no lawsuit has been filed or is intended.
What People Get Wrong
Myth: You Can Only Sue If the Debt Is Invalid
Many consumers believe FDCPA lawsuits require proving the debt itself is fake or incorrect. This is false. The FDCPA regulates collection conduct, not debt validity. You can sue for violations even if you legitimately owe the money. The collector’s illegal behavior—not the debt’s status—creates your claim.
Myth: One Violation Isn’t Enough to Sue
Another misconception is that you need multiple violations to file suit. Under 15 U.S.C. § 1692k, each violation is separately actionable. A single illegal act can support a lawsuit, though courts consider violation frequency when determining damages. Understanding the statute of limitations for both debt collection and FDCPA claims helps you know your timeframe for action.
What to Do If This Applies to You
Document Everything and Know Your Deadline
If you believe a collector violated the FDCPA, immediately begin documenting. Save all letters, emails, and text messages. Write down phone call dates, times, and content. Note any witnesses to collection calls. This evidence becomes crucial if you pursue legal action.
FDCPA lawsuits must be filed within one year from the violation date (15 U.S.C. § 1692k(d)). The U.S. Supreme Court clarified in Rotkiske v. Klemm that this one-year clock starts when the violation occurs, not when you discover it. Missing this deadline permanently bars your claim.
When Legal Counsel Is Beneficial
While you can file FDCPA lawsuits without an attorney, legal representation often improves outcomes. Many consumer protection attorneys handle these cases on contingency—they only get paid if you win. If successful, the debt collector typically must pay your attorney’s fees under 15 U.S.C. § 1692k(a)(3), meaning you often owe nothing out of pocket. Before responding to any debt collection summons, consider consulting an attorney familiar with both FDCPA claims and debt defense strategies.
Frequently Asked Questions
What counts as harassment under the FDCPA?
Harassment includes calling repeatedly with intent to annoy, using profane language, making threats of violence, or calling before 8 a.m. or after 9 p.m. The FTC considers the frequency, timing, and nature of calls when evaluating harassment claims.
Can you sue a debt collector for one violation?
Yes. Each FDCPA violation is separately actionable under 15 U.S.C. § 1692k. You don’t need multiple violations to file a lawsuit, though courts may consider violation frequency when awarding damages.
How much can you win in an FDCPA lawsuit?
Successful claims can recover actual damages (documented harm like medical bills or lost wages), statutory damages up to $1,000 per lawsuit (not per violation), and attorney’s fees. Class actions may result in higher total awards when systematic violations affect multiple consumers.
What evidence do I need to prove an FDCPA violation?
Strong evidence includes recorded calls (where legal), written communications, phone records showing call frequency and timing, witness statements from those who heard collection calls, and documentation of harm suffered. Contemporary notes detailing each contact strengthen your case.
Do I need a lawyer to sue a debt collector?
No, but legal representation typically improves outcomes. Many consumer protection attorneys take FDCPA cases on contingency and recover their fees from the debt collector if you win, making professional help financially accessible.
Can debt collectors still sue me if I sue them for FDCPA violations?
Yes. Filing an FDCPA lawsuit doesn’t eliminate your underlying debt obligation or prevent collectors from pursuing valid collection efforts. However, your FDCPA claim may provide leverage in settlement negotiations or offset amounts you might owe.
Last Updated: January 18, 2026
Disclaimer: This article provides general information only and does not constitute legal advice.
Know your rights. Protect yourself from illegal debt collection. If you believe a debt collector has violated the FDCPA, consider consulting a consumer protection attorney to discuss your specific situation and legal options.
Stay informed, stay protected. — AllAboutLawyer.com
Citations
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1978)
- Consumer Financial Protection Bureau, “What is harassment by a debt collector?” https://www.consumerfinance.gov/ask-cfpb/what-is-harassment-by-a-debt-collector-en-336/
- Federal Trade Commission, “Debt Collection FAQs,” https://consumer.ftc.gov/articles/debt-collection-faqs
- Rotkiske v. Klemm, 140 S. Ct. 355 (2019)
- CFPB Manual V.2, Fair Debt Collection Practices Act (October 2012)
About the Author
Sarah Klein, JD, is a former consumer rights attorney who spent years helping clients with issues like unfair billing, product disputes, and debt collection practices. At All About Lawyer, she simplifies consumer protection laws so readers can defend their rights and resolve problems with confidence.
Read more about Sarah