Start with the debt and the collector

The FDCPA generally concerns debts incurred primarily for personal, family, or household purposes. Business debts are outside its coverage. It also generally does not cover an original creditor collecting its own debt, although exceptions and other laws may matter. Coverage is a threshold question; the word “collector” on a letter is not the whole analysis. CFPB: what the FDCPA covers

Recognize conduct worth examining

The FDCPA restricts abusive, deceptive, and unfair collection practices. Examples include misrepresenting the amount owed, threatening arrest, or threatening action that cannot lawfully be taken. A precise record of what was said, by whom, and when is more useful than a general description of an unpleasant call. CFPB: prohibited collection practices

Read the validation information

A covered collector generally must provide information identifying the debt and explaining how to dispute it. The validation notice identifies a 30-day dispute period. A timely written dispute can require the collector to pause collection of the disputed amount until it responds with verification. This is not a rule requiring every collector to verify a debt within 30 days. CFPB: validation information and disputes

Build a useful record

Keep letters, envelopes, emails, text messages, and voicemails. Make dated notes of conversations and retain copies of anything you send. A useful file separates the debt records from the communications you believe were improper. Avoid giving sensitive information to an unverified caller.

Treat a lawsuit separately

Disputing a collection letter is not a response to a court complaint. If you have been served, get timely advice about the court papers and the applicable response deadline. Whether collection conduct supports a claim, what relief may be available, and when to act require review of the particular facts.

This article is general information, not advice for your situation. It does not cover every exception, procedure, remedy, or deadline.

Official resource: CFPB: debt collection resources

Related practice area: Consumer Law