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FDCPA Violations Checklist — Know Your Rights Under Federal Debt Collection Law
The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., is a federal law that limits what debt collectors can do when trying to collect a consumer debt. It prohibits a wide range of abusive, deceptive, and unfair practices.
This checklist provides a practical reference for identifying behavior that may violate the FDCPA. It is intended for general informational purposes and is not legal advice. If you believe you may have experienced any of these violations, contact Tariq Law PC for a free case review.
Not every collection contact that resembles an item on this checklist is automatically a violation; the legal analysis depends on the facts, the identity of the collector, the type of debt, and any applicable exceptions.
Who Does the FDCPA Apply To?
The FDCPA generally applies to third-party “debt collectors” — not necessarily to the original creditor collecting its own debt. Covered parties typically include:
Whether a particular entity qualifies as a “debt collector” under the FDCPA depends on the facts of each case. An attorney can help evaluate this.
Collection agencies
Debt buyers (companies that purchase debts to collect)
Collection law firms
Some loan servicers, depending on when they acquired the account
Note for Consumers:
Procedural failures — such as insufficient investigations, delayed provisional credit, or inadequate written explanations — may give rise to a claim even if Bank of America’s underlying fraud determination is disputed.
1. Improper Communication Practices (15 U.S.C. § 1692c)
The FDCPA restricts when, where, and how debt collectors can contact consumers.
Time and Place Restrictions
✔ Before 8:00 a.m. or after 9:00 p.m. in the consumer’s local time
✔ At an inconvenient time or place the collector knows or should know is inconvenient
✔ At the consumer’s workplace if the collector knows the employer prohibits such contact
Contact After Attorney Representation
If a debt collector knows the consumer is represented by an attorney, the collector generally must communicate with the attorney rather than the consumer — unless the attorney fails to respond within a reasonable time or consents to direct contact.
Third-Party Contact
Debt collectors generally may not discuss a consumer’s debt with third parties, including family members, employers, neighbors, or coworkers. Limited contacts for location information may be allowed, but the collector generally may not state that the consumer owes a debt and generally may not contact the same third party more than once unless an exception applies.
Examples that may indicate a violation include:
✔ Discussed the debt with a family member or other third party who was not legally permitted to receive debt information
✔ Discussed the debt with an employer, neighbor, coworker, or friend
✔ Contacted the same third party more than once for location information without a permitted reason
✔ Disclosed the existence of the debt to someone other than a person permitted under the FDCPA, such as the consumer, the consumer’s attorney, or other legally permitted contacts
2. Harassment or Abuse (15 U.S.C. § 1692d)
The FDCPA prohibits any conduct intended to harass, oppress, or abuse a consumer. Examples include:
✔ Threats of violence or physical harm
✔ Threats to harm the consumer’s reputation or property
✔ Use of obscene, profane, or abusive language
✔ Publication of a list of consumers who allegedly refuse to pay (with limited credit-reporting exceptions)
✔ Repeated or continuous phone calls intended to annoy, abuse, or harass
✔ Calling without meaningful disclosure of the caller’s identity
✔ Calling repeatedly within short time periods; Regulation F creates call-frequency presumptions based on the number and timing of calls about a particular debt
3. False or Misleading Representations
(15 U.S.C. § 1692e)
Debt collectors generally cannot use false, deceptive, or misleading representations in connection with collecting a debt. Common categories include:
False Identity
✔ Falsely representing to be affiliated with a government agency
✔ Falsely implying the communication is from an attorney
✔ Using a name other than the collector’s true name
✔ Falsely implying the collector is a credit reporting agency
False Statements About the Debt
✔ Misrepresenting the character, amount, or legal status of the debt
✔ Misrepresenting any services rendered or compensation lawfully receivable
✔ Failing to disclose in the initial communication that the collector is attempting to collect a debt and that any information will be used for that purpose
✔ Failing to disclose in subsequent communications that the communication is from a debt collector
False Threats of Action
✔ Threatening to take action that cannot legally be taken
✔ Threatening to take action that the collector does not actually intend to take
✔ Threatening arrest or imprisonment
✔ Threatening wage garnishment, lawsuit, or property seizure when no such action is permitted or intended
✔ Falsely representing that nonpayment will result in arrest, garnishment, or seizure unless such action is lawful and intended
False Credit Reporting
✔ Threatening to report false information to a credit reporting agency
✔ Failing to communicate that a disputed debt is disputed
✔ Communicating credit information known or that should be known to be false
Deceptive Documents
✔ Using any false representation or deceptive means to collect a debt
✔ Using documents that falsely simulate court or legal process
✔ Using documents that create a false impression of being from a government source
4. Unfair Practices (15 U.S.C. § 1692f)
The FDCPA prohibits unfair or unconscionable means of collecting a debt. Examples include:
✔ Collecting any amount (including interest, fees, charges, or expenses) not expressly authorized by the agreement creating the debt or permitted by law
✔ Accepting a postdated check by more than five days without proper written notice
✔ Soliciting a postdated check to threaten or initiate criminal prosecution
✔ Depositing or threatening to deposit a postdated check before its date
✔ Causing charges to be made to any person for communications by concealing the purpose of the communication
✔ Taking or threatening to take nonjudicial action to dispossess or disable property when no enforceable security interest exists
✔ Communicating with a consumer by postcard
✔ Using language or symbols on the envelope (other than the collector’s business name where the name does not indicate debt collection) that indicate the communication relates to debt collection
5. Validation of Debts (15 U.S.C. § 1692g)
The FDCPA gives consumers specific rights to verify debts before being required to pay.
Initial Validation Notice
Unless the required validation information is provided in the initial communication or another exception applies, a debt collector generally must provide validation information within five days after the initial communication. Under Regulation F, that information may be provided in the initial communication, within five days of the initial communication, or orally in the initial communication.
The validation information generally must include:
• The amount of the debt
• The name of the creditor to whom the debt is owed
• A statement that the consumer has 30 days to dispute the debt
• A statement that if the consumer disputes the debt within 30 days, the collector will obtain verification
• A statement that, upon written request within 30 days, the collector will provide the name and address of the original creditor if different from the current creditor
Regulation F adds detailed validation-information requirements. A compliant validation notice generally should include, among other things, information about the debt collector, the consumer, the current creditor, the amount of the debt, an itemization date, an itemization of interest, fees, payments, and credits since that date, dispute information, and consumer-response prompts. The CFPB provides a model validation notice that may provide a safe harbor when used properly.
Common Validation Violations
✔ No validation notice was sent within the required period
✔ Validation notice was missing required disclosures
✔ Collector continued collection efforts after a written dispute without providing verification
✔ Collector failed to mark the debt as disputed when reporting to credit bureaus
✔ Collector demanded payment before validation rights expired in a way that overshadowed the consumer’s rights
6. Legal Actions by Debt Collectors (15 U.S.C. § 1692i)
For actions to enforce an interest in real property, the FDCPA generally requires the action to be brought in the judicial district where the real property is located.
For other legal actions to collect a consumer debt, the suit generally must be filed in either:
• The judicial district where the consumer signed the contract; or
• The judicial district where the consumer resides at the time the suit is filed
Filing in an improper venue may itself be a violation.
✔ Lawsuit filed in a county or court where the consumer does not reside
✔ Lawsuit filed in a jurisdiction with no connection to the consumer or the contract
7. Regulation F Overlays
(12 C.F.R. Part 1006)
Regulation F, issued by the Consumer Financial Protection Bureau, implements and supplements the FDCPA. Key Regulation F provisions include:
• Call-frequency rules that generally create a presumption of a violation if a collector places more than seven calls within seven consecutive days about a particular debt, or places a call within seven days after having a telephone conversation about that debt. The rule also includes exclusions and circumstances that may affect the analysis
• Procedures for electronic communications including email and text messages
• Required content for validation notices, with a model form provided
• Restrictions on credit reporting before specific consumer contact requirements are met
• Time-and-place rules for electronic communications
Violations of Regulation F may also support FDCPA claims.
What to Do If You Spot a Possible Violation
If any of the conduct described above sounds familiar, consider taking these steps:
1. Document Everything
✔ Save voicemails, letters, envelopes, text messages, and emails
✔ Keep a log of phone calls (date, time, who called, what was said)
✔ Save any documents the collector sent
✔ Note the names of any third parties contacted
2. Preserve the Evidence
✔ Do not delete voicemails, texts, or emails
✔ Photograph or scan letters and envelopes
✔ Take screenshots of phone records
3. Contact an Attorney
FDCPA claims can be complex. An attorney can help evaluate whether a violation occurred, the strength of the claim, and the appropriate next steps. Many FDCPA cases are handled on a contingency basis, and the law provides for attorneys’ fees in cases where the consumer prevails.s
Potential Remedies Under the FDCPA
Consumers who establish FDCPA violations may be entitled to:
• Actual damages — the financial harm caused by the violation
• Additional statutory damages of up to $1,000 in an individual action, where authorized by law
• Attorneys’ fees and costs, where authorized
• Additional state-law remedies where applicable, including New York General Business Law § 349
Class actions are subject to separate statutory limits. The availability and amount of damages depend on the facts of each case and applicable law.
Talk to a New York Debt Defense Attorney
Tariq Law PC represents New York consumers in FDCPA and debt defense matters. We handle cases in state court and federal court, including in the Southern District of New York and the Eastern District of New York.
If you believe a debt collector violated your rights, call (866) 885-8529 or contact us online for a free case review. There is no fee unless we recover for you.
Disclaimer:
This page is provided for general informational purposes only and is not legal advice. It summarizes selected provisions of the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) and Regulation F (12 C.F.R. Part 1006). Application of the law depends on specific facts. Reading this page does not create an attorney-client relationship. Attorney advertising. Prior results do not guarantee similar outcomes.
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Tariq Law, PC. is located in the heart of New York City at 99 Park Avenue, footsteps from the iconic Grand Central Terminal in Midtown Manhattan. We serve clients primarily in New York, New Jersey, and in federal courts across the United States.
In order to evaluate your particular circumstances, please reach out to us to schedule an individual case review. Using this site or communicating with an attorney does not establish an attorney-client relationship, which can only be established in writing and signed by the lawyer and the client.
Prior results do not guarantee a similar outcome. This website is for informational purposes only.
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