What Can Debt Collectors Do?

You've fallen behind on your payments, and now you've got debt collectors calling to find out when you're going to pay what you owe. You want to pay the money back. You just haven't figured out how. While you're sorting through your debt relief options, calls from debt collectors are often a nuisance you just have to deal with.

But there are certain behaviors from debt collectors you don't have to tolerate. There are laws restricting what debt collectors can and can't do, and if you catch yours acting outside these laws, you can take action—but you should do so swiftly.

3 Things Debt Collectors Aren't Allowed to Do

Here's a look at some behaviors that should definitely raise red flags with you.

1. Contact you any time, anywhere

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from:

• Contacting you before 8 a.m. or after 9 p.m. without your permission

• Contacting you at work if you tell them you're not allowed to receive calls there

• Contacting you via email or text if you've asked them to stop

• Contacting you more than seven times in a seven-day period for a given debt

• Contacting you within seven days after talking with you on the phone about your debt

• Privately messaging you on social media if you've asked them to stop

• Contacting you directly if you've asked them to direct further communications to your lawyer.

2. Publicly share information about your debts

Typically, debt collectors can’t discuss your financial situation with anyone other than you or your spouse. They can contact people you know to ask how to get in touch with you, but they generally can't reveal that you owe a debt. In most cases, they can't contact someone you know more than once.

The law also prohibits debt collectors from posting publicly about your debt on social media or online. However, private communication via social media is okay unless you've asked them not to contact you that way.

3. Harass or threaten you

Debt collectors can't threaten to hurt you or your family. They also can't use profanity or say anything untruthful in order to scare you into paying them. This includes pretending to be a government employee, or threatening to sue you if they don't intend to actually do it. If they are really taking steps to sue you, they can tell you that.

If your debt collector breaks one or more of these rules, they're breaking the law—and there are things you can do to stop them. 

5 Things You Can Do If Your Debt Collector Is Breaking the Law

You don't have to tolerate debt collectors who break the law and treat you unfairly. If these things have happened to you, take the following steps.

1. Report the debt collector to the Federal Trade Commission (FTC)

Report the debt collector to the Federal Trade Commission (FTC). Include as much detail as you can about what happened. If they called you, note when and where the call was, the name of the person you spoke to, the number they called you on, and the name of the company they worked for. Then record what they said or did that you believe was against the law. If they sent you a message online, screenshot it so you have evidence.

2. Report the debt collector to the Consumer Financial Protection Bureau (CFPB)

You can also submit a complaint to the Consumer Financial Protection Bureau (CFPB). Include the same information you used in your FTC complaint. 

3. Report the debt collector to your state attorney general's office

Many states have laws regulating debt collectors. It's possible there could be additional legal consequences for debt collectors who have violated these state laws. Your state attorney general's office generally handles these types of issues.

4. Request that the debt collector stop contacting you

You're within your rights to ask the debt collector to stop contacting you. They legally have to comply if you ask in writing. Send the letter (the CFPB has a template) by certified mail. This way, you should get a receipt that confirms the debt collector received your letter. If they continue to contact you after receiving your written request—other than to say that they got your message and will cease further communication—that's more proof that they're breaking the law.

Keep in mind that you should think carefully before cutting lines of communication with debt collectors. If they can't contact you about your debt, they could decide suing you is the only other option to recover the funds.

5. File a lawsuit

If your debt collector has broken the law, you could sue them in a state or federal court as long as you file your suit within one year of when the debt collector broke the law. Consult with a licensed attorney if you want to pursue legal action.

You Deserve to Be Treated Fairly

No matter how far behind you are on your payments, you're still worthy of being treated with respect. Do your best to document any illegal behavior and ask the debt collector to stop contacting you if need be. Keep your focus on finding the right debt repayment strategy and sticking to it.