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Collection violations
Debt collectors have to follow the law.
Federal law limits when, how and why a collector may contact you, and what it may say. A collector that crosses those lines may owe you money.
GetWell Legal prepares the documents that put a collector’s conduct on the record: validation demands, cease-communication letters and violation documentation, all tracked against statutory deadlines. When a possible violation is found, the file goes to our network attorneys, who review it and decide whether to take legal action. GetWell Legal does not itself practice law, and we do not negotiate or settle your debts.
Who the law covers
The Fair Debt Collection Practices Act (15 U.S.C. §1692) and Regulation F (12 C.F.R. Part 1006) cover collection agencies, debt buyers whose principal business is collection, and law firms that regularly collect consumer debts.
They generally do not cover an original creditor collecting its own account. State law may still apply to those creditors, such as the Texas Debt Collection Act (Tex. Fin. Code ch. 392), which also reaches creditors collecting their own debts.
Common violations
Harassment and abuse (§1692d)
- Repeated calls meant to annoy you; more than 7 calls in 7 days is presumed harassment (12 C.F.R. §1006.14(b)(2))
- Obscene or abusive language, or threats of harm
False or misleading statements (§1692e)
- Threatening arrest, or a lawsuit the collector will not or cannot bring
- Falsely claiming to be an attorney or a government official
- Misstating the amount or legal status of the debt
- Communicating a debt it knows is disputed without disclosing that it is disputed (§1692e(8))
Unfair practices (§1692f)
- Adding fees, interest or charges your agreement or state law does not allow
- Threatening to take property it has no right to take
Contact limits (§1692c)
- Calling before 8 a.m. or after 9 p.m.
- Calling you at work after you said your employer does not allow it
- Contacting you after a written cease-communication request, apart from limited notices the law permits
- Discussing your debt with family, friends or your employer
Validation and time-barred debt (§1692g; 12 C.F.R. §§1006.26, 1006.34)
- Continuing to collect after your timely written dispute, before sending verification
- Suing or threatening to sue on a debt past the statute of limitations. In Texas, that period is 4 years (Tex. Civ. Prac. & Rem. Code §16.004).
What GetWell Legal Document Preparation does
- Validation demand. Written dispute under §1692g(b) requiring the collector to identify the original creditor, itemize the amount and show its right to collect.
- Cease-communication letter. Tells the collector to stop contacting you, apart from limited notices the law allows (§1692c(c)).
- Response log. Each reply, or the lack of one, is recorded against the deadline. Collection before verification is documented as a possible violation.
- Violation documentation. The record is prepared for referral to a network attorney.
When a violation is referred to our network attorneys
When our review finds a possible violation, the file is referred to our network attorneys in the GET WELL Legal Network. They review each case and decide whether to accept it under their own agreement with you. Legal advice and representation come only from those attorneys.
A collector that violates the FDCPA is liable for your actual damages, up to $1,000 in statutory damages, and court costs and reasonable attorney’s fees (§1692k(a)). State law, such as Tex. Fin. Code §392.403, can add further remedies. Outcomes vary by case.
Deadlines that matter
An FDCPA claim generally must be filed within 1 year of the violation, so keep records from the first contact.
| Event | Period | Authority |
|---|---|---|
| Your written dispute window after the validation notice | 30 days | §1692g(a)(3) |
| Collection pauses after a timely dispute | Until verification is mailed | §1692g(b) |
| Lawsuit against a collector under the FDCPA | 1 year from the violation | §1692k(d) |
| Response to a lawsuit served on you | Often 20 to 30 days | Court rules |
What to document and what to avoid
Keep a record of
- Date, time and number for every call
- Voicemails, texts, emails and letters, with envelopes
- What was said, especially threats or statements about legal action
Be careful about
- Giving bank or card information, or authorizing withdrawals, over the phone
- Agreeing to a verbal payment plan or admitting the debt before you know its status
- Paying on an old debt. In some states a payment or written acknowledgment can affect the limitations period, so check first.
- Ignoring court papers. Respond before the deadline and contact an attorney.
Frequently asked questions
Can a collector call me at work?
Not if you have told it your employer does not allow those calls, and not at inconvenient times, generally before 8 a.m. or after 9 p.m.
Will a validation request stop the calls?
A timely written dispute requires the collector to pause collection until it mails verification. A cease-communication letter tells it to stop contacting you, apart from limited notices the law allows. Neither erases a debt that is valid.
Can a collector garnish my wages or Social Security?
It depends on the debt and the state. Social Security benefits are generally protected from private creditors (42 U.S.C. §407), and Texas generally does not allow wage garnishment for ordinary consumer debts. A collector who threatens something it cannot do may be violating §1692e.
Does GetWell Legal sue collectors?
No. GetWell Legal prepares your documents and records the violations. Our network attorneys decide whether to take legal action.
Do I pay anything for a violation claim?
Violation claims are handled by a network attorney under that firm’s own agreement with you. FDCPA cases are typically brought with the collector paying attorney’s fees when the consumer wins.
GetWell Legal provides document preparation (SIC 7338-19) and connects clients with legal resources, including licensed law firms in the GET WELL Legal Network that handle legal action. GetWell Legal does not itself practice law; legal advice and representation are provided only by the attorneys you engage. Using this page does not create an attorney-client relationship. We do not negotiate, settle or consolidate debts, make payments to creditors, or provide credit counseling. Outcomes vary by case.