Your FDCPA rights
Unfair Practices by Debt Collectors
Beyond harassment and false statements, the FDCPA bans a range of unfair collection tactics. Learn what practices are illegal.
Federal Law Protects You
FDCPA Section 808 prohibits unfair or unconscionable means to collect debts. These rules go beyond harassment and false statements to cover specific deceptive tactics.
What do people ask about unfair practices by debt collectors?
What fees can a debt collector charge?
Collectors can only collect the amount permitted by the original agreement or authorized by law. They cannot add collection fees, interest, or other charges unless expressly authorized by the original contract or applicable state law.
Can collectors deposit a postdated check early?
No. A collector cannot cash or deposit a postdated check before the date written on it. They also cannot solicit a postdated check to threaten criminal prosecution.
Can collectors take my property?
Collectors cannot take or threaten to take your property unless they actually have the legal right to do so (such as through a court judgment). Threatening repossession without legal authorization is an unfair practice.
Can a collector contact me by postcard?
No. Collectors cannot communicate with consumers via postcard. They also cannot use any language or symbol on envelopes that indicates the communication is about debt collection.
Related Resources
This information is for educational purposes only and does not constitute legal advice. Laws vary by state. Consult a licensed attorney for guidance specific to your situation.
Read our methodology - how this data is sourced, computed, and verified.
Related
Every figure on PlainCollector is rendered directly from federal source data, no number is typed in by an editor. This page draws directly on federal source data, no figure is typed in by an editor. See our editorial standards & corrections policy, the methodology behind these numbers, or report a data error.
| Publisher | PlainCollector |
| Sources | the CFPB Consumer Complaint Database |