Debt Collector Harassment: What It Is, What to Do, and How to Stop It

Getting called multiple times a day. Being threatened. Hearing abusive language on the phone. Watching collectors contact your family.

This isn't just annoying — it's a federal crime. The Fair Debt Collection Practices Act (FDCPA) prohibits harassment and abuse by debt collectors, and violations are worth up to $1,000 per action in court.

Here's everything you need to know.

What the Law Says About Harassment

FDCPA § 1692d is the anti-harassment provision. It prohibits debt collectors from engaging in conduct that harasses, oppresses, or abuses any person. Specifically:

• +Threatening violence or physical harm
• +Using obscene or profane language
• +Publishing lists of consumers who refuse to pay (except to a credit reporting agency)
• +Causing the phone to ring repeatedly to annoy you — this includes calling back to back, calling from different numbers, or hanging up and immediately redialing
• +Calling without disclosing who they are — collectors must identify themselves

Each of these is a violation. Each violation gives you a potential claim in federal court.

Other Prohibited Conduct That Rises to Harassment

Beyond § 1692d, several other FDCPA provisions describe conduct that courts have found to constitute harassment:

From § 1692e (false representations):

• +Threatening arrest for a debt (consumer debt is not a criminal matter — you cannot be arrested for not paying a credit card)
• +Threatening to sue when they have no intention of suing
• +Claiming to be an attorney, law firm, or government agency when they're not
• +Threatening wage garnishment before they have a court judgment

From § 1692c (contact restrictions):

• +Calling before 8 a.m. or after 9 p.m.
• +Calling after receiving a written cease and desist
• +Contacting you at work after you've told them not to

From the CFPB's Regulation F (effective 2021):

• +Calling more than 7 times in a 7-day period for the same debt
• +Calling within 7 days of a conversation about the debt

How to Document Harassment

Documentation is everything. Without it, it's your word against theirs.

For every call:

• +Write down: date, time, number that called, who you spoke to (name if given), what was said
• +Save every voicemail — back them up, don't delete them
• +Screenshot your call log to show frequency and timing

For letters:

• +Keep every envelope with its postmark
• +Keep every document
• +Note the date you received each item

For third-party contact (family, employer):

• +Get a statement from the person who was called — what was said, what date, what number

This documentation is your evidence. If you need to sue or file a complaint, the quality of your documentation determines your case.

How to Make It Stop

Step 1: Send a written cease and desist. Under § 1692c(c), your written request to stop contact legally requires all communication to cease. Send it by Certified Mail with Return Receipt so you have proof of delivery. Any contact after the delivery date is a documented federal violation.

Step 2: Continue documenting everything. After your cease and desist is delivered, every call, letter, or text is a federal violation. Document each one separately.

Step 3: Know your options. You can sue in federal or state court. Many FDCPA attorneys take cases on contingency — no upfront cost to you, and the collector pays your attorney's fees if you win. Statutory damages are up to $1,000 per action (not per violation, but courts vary on what constitutes one "action").

You can also file complaints with:

• +CFPB: consumerfinance.gov/complaint
• +FTC: reportfraud.ftc.gov
• +Your state attorney general — in California: oag.ca.gov

Generate Your Cease and Desist Letter →

What Collectors Often Say (That's Illegal)

Some collectors use specific tactics that cross the legal line. Here are common ones:

"We're going to sue you and garnish your wages." This is only legal if they actually intend to sue. If it's a threat to pressure you without any real intent to litigate, it's a false threat under § 1692e — a violation.

"You'll be arrested if you don't pay." False. You cannot be arrested for a civil debt. This is an explicit FDCPA violation.

"This is [attorney name from a law firm]." If the person calling is not actually an attorney actively involved in your case, representing themselves as one is a violation.

"If you hang up, we'll contact your employer/family." Threatening to contact third parties to coerce payment — rather than simply to locate you — is a violation.

"This is your last chance before we report you." If they've already reported it, saying "last chance" is false. If they haven't, threatening to report unless you pay is a conditional threat that may violate § 1692e.

Can You Sue for Harassment?

Yes. The FDCPA gives you the right to sue in federal or state court within one year of the violation (§ 1692k). You can recover:

• +Actual damages — real financial harm caused by the violations
• +Statutory damages up to $1,000 per lawsuit
• +Attorney's fees — the collector pays your legal costs if you win

Class actions are also possible if you were harassed as part of a pattern affecting many consumers.

FDCPA attorneys frequently take these cases for free upfront because the statute provides for attorney's fees when the consumer wins. Search "FDCPA attorney [your city]" or contact a consumer law firm for a free consultation.

California: Additional Protection Under the Rosenthal Act

California consumers have a second layer of protection under the Rosenthal Fair Debt Collection Practices Act (California Civil Code § 1788). The Rosenthal Act mirrors most FDCPA provisions and applies them to original creditors as well — meaning if your credit card company or a hospital is harassing you, you may have a state law claim even if the federal FDCPA technically doesn't cover them.

California also allows you to sue for actual damages, attorney's fees, and penalties under the Rosenthal Act.

Frequently Asked Questions

How many times can a debt collector call me in one day?

There's no explicit daily limit under the original FDCPA, but calling repeatedly in a short period with intent to annoy is prohibited under § 1692d(5). The CFPB's Regulation F (2021) sets a clearer limit: no more than 7 calls in 7 days per debt. If your collector exceeds this, document every call — that's a per se violation.

Can I record phone calls with debt collectors?

In California, you need two-party consent to record a phone call — meaning you must tell the collector you're recording. Simply saying "I'm recording this call" at the start is sufficient. In many other states, only one party needs to consent (you). Check your state's recording laws before doing this.

What if the harassment is from a payday loan company?

Payday loan companies and their collection arms are subject to the FDCPA when using third-party collectors. Some states have additional payday loan-specific consumer protections. California's Department of Financial Protection and Innovation (DFPI) also oversees payday lenders.

I've been harassed but I don't have documentation. Can I still do anything?

Your testimony is evidence — but corroborating documentation makes your case much stronger. Going forward, start documenting everything. For past harassment, write down what you remember with as much detail as possible (dates, times, what was said) as soon as possible while your memory is fresh.

Nothing on this page is legal advice. This is plain-language information about your federal rights under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692d.