An FDCPA attorney stops debt collection harassment, manages all contact with collectors on your behalf, and pursues statutory damages when a collector breaks federal law. Under the Fair Debt Collection Practices Act, a single violation can entitle you to up to $1,000 in statutory damages. The collector pays attorney fees if you win, not you. If a collector is calling your workplace, threatening arrest, or misrepresenting what you owe, call +1-844-638-1122 for a free case review.
Key Takeaways
- The FDCPA is a federal law covering third-party debt collectors, including agencies, debt buyers, and attorneys who regularly collect debts, but not original creditors collecting their own accounts.
- Once you retain an FDCPA attorney, collectors must stop contacting you directly and communicate only through your attorney.
- Violations entitle consumers to up to $1,000 per violation in statutory damages, plus actual damages for financial or emotional harm.
- TCPA violations, meaning automated calls to your cell phone without consent, carry $500 to $1,500 per call on top of any FDCPA claim.
- The one-year statute of limitations runs from the date of the violation. Waiting costs you the claim.
- The Wood Firm PLLC handles every case on contingency: no upfront fees, and the collector pays our fees if they violated the law.
Free Case Review: +1-844-638-1122
What Is the FDCPA and Who Does It Cover
Congress passed the Fair Debt Collection Practices Act in 1977 to address abusive practices by third-party collectors. The law covers collection agencies, debt buyers, and attorneys who regularly collect consumer debts. Personal debts fall under its protection: credit cards, medical bills, auto loans, student loans, and mortgages.
Original creditors collecting their own accounts generally fall outside the FDCPA. That distinction matters because many consumers assume their bank is covered. It is not. Federal protections activate once a debt moves to a collection agency or gets sold to a debt buyer. Some original creditors qualify if they collect under a name that obscures their identity. That is the exception, not the rule.
The FDCPA also intersects with the Fair Credit Reporting Act (FCRA). When a collector reports an account to the bureaus, that reporting must be accurate. A collector who reports a disputed or unverified balance may violate both statutes at once. That combined exposure is where the most significant damages arise.
What Debt Collectors Cannot Do Under the FDCPA
Federal law prohibits specific conduct . Each prohibited act is a discrete potential violation, not just general bad behavior. The following practices may each entitle a consumer to statutory damages:
- Call before 8:00 a.m. or after 9:00 p.m. in your local time zone
- Call your workplace after learning your employer prohibits personal calls
- Use obscene or abusive language, or threaten violence
- Threaten arrest or criminal prosecution for a civil debt. This is one of the most frequently violated provisions
- Misrepresent the amount owed, or add fees not authorized by the original agreement
- Falsely claim to be an attorney or government official
- Send fake court documents designed to appear official
- Continue contacting you after a written cease request. The only exceptions are confirming receipt or notifying you of a specific legal action
- Discuss your debt with third parties other than to locate you. Neighbors, coworkers, and family members are off-limits
- Deposit a post-dated check early or threaten to do so
When to Contact an FDCPA Attorney
Contact an attorney as soon as any of the following happen. The one-year statute of limitations begins on the date of each violation, not when you decide to act.
- A collector calls more than once per day or multiple times in a single week with no new purpose
- Any call arrives before 8:00 a.m. or after 9:00 p.m.
- A collector threatens arrest, jail, or criminal prosecution
- Workplace calls continue after you told the collector your employer prohibits them
- A collector contacts a family member, neighbor, or coworker about your debt
- You receive a letter that misrepresents the balance or implies legal action the collector cannot actually take
- Automated or robocalls reach your cell phone without your prior consent
- A collection entry appears on your credit report before you received a written validation notice
Documenting these events early is what converts a complaint into a federal claim. Call logs with dates and times, saved voicemails, letters with postmarks, and screenshots all count.
What an FDCPA Attorney Does Once You Retain One
Once you retain an FDCPA attorney, collectors must stop contacting you directly. All communication routes through your attorney, which immediately removes the most disruptive part of the problem. Your attorney then reviews the documentation you have, identifies which violations the facts support, and determines which statutes apply.
The Telephone Consumer Protection Act typically applies alongside the FDCPA when automated calls reach a cell phone. TCPA violations carry $500 to $1,500 per call. Thirty automated calls without consent generates significant exposure before a single FDCPA claim is counted.
An inaccurate or unverified credit bureau entry adds an FCRA claim to the same set of facts. One collector, one pattern of conduct, three federal statutes. That exposure is what motivates collectors to settle quickly.
Compensation Available Under the FDCPA
The FDCPA provides three categories of recovery:
- Statutory damages: Up to $1,000 per lawsuit (not per violation), regardless of whether you can document actual harm
- Actual damages: Compensation for documented harm: lost wages, medical expenses tied to stress-related conditions, and financial losses caused by the collector’s conduct
- Attorney fees and costs: Paid by the collector if you win, not by you. This is what makes contingency representation viable
Class actions can recover up to $500,000 or 1% of the collector’s net worth, whichever is less. That amount distributes among class members. Individual claims are the more common path for a single collector’s conduct.
TCPA damages stack on top of FDCPA recovery. Each illegal call carries its own damage figure. Combined FDCPA and TCPA cases typically produce higher recovery than either statute alone.
Time-Barred Debt and Prescription Traps
Every state sets a statute of limitations on a collector’s ability to sue for unpaid debt. Most states set this between three and six years. Once expired, the debt is time-barred and a collector cannot win a judgment against you.
Contact about a time-barred debt is still permitted. Threatening to sue on a time-barred debt is false, and a false threat of legal action violates 15 U.S.C. § 1692e.
One trap: a small payment or signed payment agreement on a time-barred account restarts the statute of limitations clock in most states. Before paying anything on an old account, verify whether it is time-barred. The date of your last payment is the key fact.
Debt Validation Rights
Within five days of first contact, every collector must send a written validation notice stating the amount claimed, the name of the original creditor, and your right to dispute within 30 days. A written dispute within that window freezes all collection activity until the collector provides verification.
Adequate verification means a signed agreement, account statements tracing the balance to the original creditor, and proof of the collector’s right to collect. A collector unable to produce those documents must stop collection and remove any negative credit reporting on the account.
Send the dispute by certified mail with return receipt. That postmark is your legal evidence of timely delivery, and the collector’s inability to produce verification after receiving it is itself a potential FDCPA claim.
What the FDCPA Does Not Cover
Understanding the limits of the FDCPA matters as much as knowing what it covers. Original creditors collecting their own debts, including the bank that issued your credit card and hospital billing departments, do not qualify as “debt collectors” under the statute and are not bound by its rules.
Business debts fall outside the FDCPA entirely. The law covers only personal, family, and household debts. A business owner pursued for a commercial loan has no FDCPA claim, though state consumer protection laws may apply.
The FDCPA also does not guarantee that a debt goes away. Winning an FDCPA claim does not eliminate what you owe. It compensates you for illegal collection conduct. Settlements often include debt forgiveness or credit report correction alongside the damages payment. That outcome is negotiated, not automatic.
State Laws That Supplement the FDCPA
Several states have enacted consumer protection statutes exceeding federal minimums. California’s Rosenthal Fair Debt Collection Practices Act extends FDCPA-style rules to original creditors. Texas, New York, and Florida each have provisions affecting how collectors communicate and what remedies consumers can pursue.
State statutes cover protections the FDCPA does not address: homestead exemptions, garnishment caps, and which income is fully exempt. These rules vary significantly by state. For Louisiana and Texas consumers, the property exemption framework differs substantially from federal law. Understanding both layers matters before responding to any collection lawsuit.
How The Wood Firm PLLC Handles FDCPA Cases
When a consumer contacts our firm, we start with the documentation they already have: call logs, letters, voicemails, and any credit bureau entries. We check whether automated calls reached a cell phone without documented consent, because TCPA exposure often exceeds FDCPA damages in the same case. We also review the validation timeline. Whether the collector sent the required notice before reporting to the bureaus is one of the most commonly missed violations in consumer files. The Wood Firm PLLC represents consumers exclusively and has never represented a creditor or collector.
Every case runs on contingency: no upfront fees, no retainer, no hourly charges. If the collector violated federal law, they pay our fees. After your call, we review the facts, identify which claims apply, and explain what the process looks like. Reach us at +1-844-638-1122 for a free case review.
If a collector has threatened arrest, called your workplace, or reported a balance you cannot verify, those facts may already support a federal claim. Visit our contact page or call +1-844-638-1122 for a free case review. The Wood Firm PLLC handles every case on contingency: if they violated federal law, they pay our fees.
Frequently Asked Questions
What does an FDCPA attorney do
An FDCPA attorney stops direct collector contact, reviews your documentation for violations, and pursues statutory damages on your behalf. Once retained, all collector communication must go through your attorney. Most cases resolve within 45 to 90 days of filing.
How much does an FDCPA attorney cost
Most FDCPA attorneys, including The Wood Firm PLLC, handle these cases on contingency. You pay nothing upfront. If the collector violated the law, they pay your attorney fees as part of the settlement or judgment.
Can I sue a debt collector if I actually owe the debt
Yes. The FDCPA protects consumers from illegal collection conduct regardless of whether the underlying debt is valid. A collector who threatens arrest or misrepresents the balance has violated federal law even if you owe every dollar they claim.
How long do I have to file an FDCPA claim
One year from the date of the violation. The clock runs from each individual act, not from when you first received collection contact. Waiting reduces your options, since older violations become time-barred first.
What is the difference between the FDCPA and TCPA
The FDCPA governs what collectors can say and when they can contact you. The TCPA governs how, specifically prohibiting automated calls and texts to your cell phone without prior express consent. Both can apply to the same collector and the same pattern of conduct.
Can debt collectors contact my family or employer
Collectors may contact third parties only to locate you, typically once per person, and cannot reveal they are collecting a debt. Continued contact with your employer after you inform them it is not permitted, or calls to family members to discuss your debt, may each be standalone FDCPA violations.
What happens if I send a cease letter and the calls continue
Any contact after a written cease request, other than confirming receipt or notifying you of a specific legal action, may be a standalone FDCPA violation. Document every contact with the date, time, and number. Those records become evidence in your claim.
What is debt validation and when should I request it
Debt validation is a collector’s written proof that the debt exists, the original creditor’s name, and the collector’s right to collect it. Request it in writing within 30 days of first contact. The collector must stop all activity until they provide adequate verification.
What to Do Next If a Collector Has Contacted You
Save every letter, note every call with date and time, and keep every voicemail. That documentation is the foundation of any FDCPA or TCPA claim. Most consumers already have more evidence than they realize. Call +1-844-638-1122 with what you have. The Wood Firm PLLC handles FDCPA cases on contingency, and if the collector violated federal law, they pay.
Jeff Wood represents consumers exclusively. He never represents creditors or collectors. He holds federal court admissions across 9 districts, including all courts of AR, CO, NM, and TX. He practices from Little Rock, AR.
