You have rights as a consumer and debtor under the Fair Debt Collection Practices Act (FDCPA). This law provides legal protection from abusive, deceptive and unfair practices of debt collectors. The law applies to third-party debt collectors, not the original collectors, but many states have consumer protection laws that also include original creditors. Also, the FDCPA applies to personal debts and not business debts.

Generally, your rights are violated when a debt collector:

• Calls you repeatedly or contacts you at unreasonable times (before 8 a.m. or after 9 p.m.);
• Contacts you at work if they know your employer disapproves or if you requested they not contact you at work;
• Fails to identify his/herself as a bill or debt collector;
• Uses obscene or profane language;
• Uses or threatens to use violence;
• Claims you owe more than you actually owe;
• Adds unauthorized interest, fees or other charges;
• Claims that you will be arrested or that your property will be seized;
• Falsely claims to be an attorney;
• Sends you paperwork that resembles a legal document(s);
• Violates your privacy by contacting unauthorized third-parties or providing information about your debt (even that you have a debt) to unauthorized third-parties.

The above examples provide a good framework for understanding when a debt collector is violating your rights as a consumer. Basically, debt collectors are prohibited from harassing you, abusing you, lying to you or treating you unfairly.

If you believe or even suspect that your rights under the FDCPA were violated by a debt collector, there are a few things you need to do.

Document the violation. As a debtor experiencing financial hardship, you should keep a call log (you can use a simple notebook) next to your phone to document the details (time, date, name, company, account, language and tone) of each debt collection call.

Keep all correspondence. Even if it appears insignificant, keep it – even the envelope! Your rights can be violated through collection letters as well as collection calls.