Debt Collector Won't Stop Calling: Your Rights Under the FDCPA

One call about a debt is normal. Multiple calls a day, calls at work after you’ve said not to, calls before 8am or after 9pm, or a collector who won’t stop even after you’ve asked in writing — that’s a different situation, and federal law draws a real line between the two.

The Fair Debt Collection Practices Act (FDCPA) doesn’t ban collection calls. It limits how often, when, and how a third-party debt collector or debt buyer can contact you — and it gives you tools to cut off contact entirely, in writing, that most people never use. Not sure who’s actually calling? Look up the company to check its complaint history first.

What actually counts as harassment under federal law?

The FDCPA specifically prohibits a collector from:

• Calling repeatedly or continuously with intent to annoy, abuse, or harass — there’s no fixed legal number of calls-per-day, but a pattern designed to wear you down qualifies.
• Calling before 8am or after 9pm your local time, unless you’ve agreed to it.
• Calling you at work after the collector knows or has reason to know your employer prohibits it.
• Using obscene or profane language, or threatening violence.
• Publishing your name on a list of people who allegedly don’t pay debts (with narrow exceptions for reporting to credit bureaus).
• Lying about who they are, misstating the amount owed, or claiming to be an attorney, government official, or credit bureau when they aren’t.
• Threatening arrest, a lawsuit, or wage garnishment they don’t actually intend to pursue or aren’t legally able to pursue.
• Contacting third parties — family, friends, neighbors, coworkers — about your debt, beyond a single call to each to locate you.

Note the scope: most of this applies to third-party collectors and debt buyers, not the original creditor collecting its own debt directly. Many states extend similar protections to original creditors through their own “mini-FDCPA” laws — check your state’s page for what applies where you live.

How do I make the calls stop?

You have a specific, written tool for this that’s stronger than just asking on the phone.

1. Send a written cease-and-desist request. Under the FDCPA, once a collector receives your written request to stop contacting you, they generally must stop — with narrow exceptions, like notifying you they’re closing the file or that they intend to sue. See the cease-and-desist letter glossary entry for what to include.
2. Send it in a way you can prove was delivered. Certified mail with return receipt is the standard approach — a phone request is harder to prove later if the calls don’t stop.
3. Keep every subsequent call or letter as evidence. If contact continues after a cease-and-desist request was received, that’s a separate, well-documented FDCPA violation.
4. Understand what a cease-and-desist does and doesn’t do. It stops contact — it does not make the debt disappear, and the collector (or a new debt buyer) may still sue you over it after sending one final notice.

If you’re not sure the debt is even yours, a debt validation request is often the better first step instead of or alongside a cease-and-desist — see the debt validation request guide.

What if the collector already broke the rules?

You don’t need a lawyer to act, and you don’t need to prove you lost money:

• You can sue a collector directly for actual damages, up to $1,000 in additional statutory damages per lawsuit, and your attorney’s fees — even without a documented financial loss.
• You generally have one year from the violation to bring an FDCPA claim, so don’t sit on documented harassment indefinitely.
• File a complaint with the CFPB and FTC, or check this site’s complaint lookup tool for the company’s track record first. These don’t replace a lawsuit, but they create a regulatory record and are free.
• Check for a state-law claim too. Many states’ mini-FDCPA statutes provide additional remedies beyond the federal law.

Questions & Answers

Does the FDCPA apply to text messages and emails?

Yes — the same restrictions on frequency, timing, harassment, and false statements generally apply regardless of the contact method, though the specific rules for electronic contact (like requiring an opt-out) have their own requirements under CFPB regulations.

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— US Debt Compass Editorial Team

Can a collector call my employer?

Only to locate you, and generally only once, unless you've given permission. Once a collector knows your employer prohibits personal calls, continuing to call your workplace is a separate violation.

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— US Debt Compass Editorial Team

What if the calls are from the original creditor, not a collection agency?

The federal FDCPA generally doesn't cover original creditors collecting their own debt. Check whether your state's law extends similar protections — many do.

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— US Debt Compass Editorial Team

Is it worth hiring a lawyer for FDCPA violations, or can I do this myself?

The law is built so individuals can pursue claims without a lawyer, but because attorney's fees are recoverable from the collector if you win, many consumer-rights attorneys take clear-cut FDCPA cases without charging the client directly. [USA.gov's legal-aid directory](https://www.usa.gov/legal-aid) is a starting point for free or low-cost help.

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— US Debt Compass Editorial Team