What Counts as Debt Collection Harassment?
Third-party debt collection is a volume-based industry that frequently prioritizes automated efficiency over federal compliance. Debt collectors are legally permitted to seek payment, but they are forbidden from using intimidation, deception, or abuse to get it. When an agency crosses the line from aggressive collection into conduct the law treats as harassment, it exposes itself to federal liability.
Can a Collector Blame a Mistake on Their System?
Most FDCPA violations trace back to systemic failures — robodialers that ignore federal call-frequency limits, mailrooms that fail to process cease-and-desist requests, and databases that lack accurate documentation of the debt. Collection agencies often rely on the assumption that consumers do not know their federal rights. The FDCPA does provide collectors a narrow "bona fide error" defense for genuine, unintentional clerical mistakes — but that defense does not excuse mistakes of law, and it is far narrower than collectors suggest. The firm draws on a corporate defense background to deconstruct these systemic failures and hold agencies accountable.
What Does the FDCPA Require Debt Collectors to Do?
You do not have to endure abuse simply because a company claims you owe a debt. The FDCPA is a powerful federal law that dictates exactly how third-party debt collectors must behave, and for many violations a collector can be held liable regardless of intent. We file suit in federal court to halt the harassment, hold the collection agency accountable, and recover statutory damages, any actual damages, and attorney's fees for their illegal conduct.
Common FDCPA Violations We Handle
You may have a strong federal claim if a third-party debt collector has engaged in any of the following common violations:
- Excessive Call Frequency (The '7-in-7' Presumption): Under Regulation F, calling you more than seven times within any seven consecutive days about a specific debt creates a legal presumption that the collector has harassed you. A separate rule presumes harassment if a collector calls again within seven consecutive days after having had a telephone conversation with you about the debt.
- Wrong Person or Wrong Amount: Attempting to collect a debt that does not belong to you, or demanding an amount inflated by miscalculated interest or unauthorized fees.
- Ignored Cease & Desist: Continuing to contact you after you have provided written notice to stop communications, or after you have stated in writing that you refuse to pay. (A collector may make one final contact to confirm it is ceasing communication — but continued collection contact beyond that is a violation.)
- Missing or Deficient Validation Information: Federal law requires collectors to provide a written validation notice — a formal breakdown of the debt — in, or within five days of, their first communication. Failing to provide this required information is a violation we pursue.
- Collection on 'Zombie' Debt: Threatening to sue, or filing suit, on a debt for which the statute of limitations has already expired.
- Attorney Bypass: Contacting you directly after being informed that you are represented by an attorney regarding the debt.
- The 'Mini-Miranda' Violation: Failing to disclose that the communication is from a debt collector and that information obtained will be used to collect a debt.
- Third-Party Disclosures: Discussing your debt with family members, friends, neighbors, or coworkers without your permission.
- Deceptive Threats: Threatening arrest, jail time, or wage garnishment without the actual legal authority and intent to take that action.
- Workplace Interference: Contacting you at your place of employment after being told your employer prohibits such communications.
What to Do If a Debt Collector Is Harassing You
If a debt collector's conduct has crossed into harassment, federal law gives you several ways to respond. You can request written validation of the debt — a formal breakdown of what is owed and to whom — and a collector must pause collection on that debt until it provides one if you ask in time. You can also tell a collector, in writing, to stop contacting you; once it receives that notice, it generally may make only one further contact, to confirm it is ceasing communication. And if you are represented by an attorney for the debt, the collector must communicate with your lawyer instead of you.
Throughout, keep a record of every contact — the date, the time, the phone number, and what was said. A clear log of calls and messages is often the difference between a complaint and a provable claim, particularly where federal law presumes harassment based on call frequency. The tracker below helps you document each call a collector makes.