Right to a Validation Notice
A collector must tell you the amount owed, who it's owed to, and how to dispute it, either in its first message or within five days.
Consumer Rights
Your Consumer Legal Rights With Debt, Credit, and Courts
Federal and state laws give you real rights when a collector calls, when your credit report is wrong, and when you're taken to court. Knowing them is the first step to using them.
Your Rights With Debt Collectors
The Fair Debt Collection Practices Act (FDCPA) sets rules for third-party debt collectors, and many states add their own.
Right to Dispute and Get Proof
If you dispute in writing within 30 days of that notice, the collector must stop collecting the disputed amount until it sends verification.
Right to Stop the Contact
A written request to stop contacting you generally ends collection calls and letters, although the collector can still tell you about a specific action, like a lawsuit.
Protection From Harassment
Collectors can't threaten you, use abusive language, call repeatedly to harass you, or call before 8 a.m. or after 9 p.m. without your permission.
Privacy From Third Parties
Collectors generally can't discuss your debt with your employer, family, or neighbors.
Right to Sue
You can sue a collector that breaks the FDCPA for actual damages, statutory damages of up to $1,000, and attorney fees, generally within one year of the violation.
Your Rights With Credit Reports
The Fair Credit Reporting Act (FCRA) controls what goes on your credit reports and who can see them.
Free Credit Reports
You can get free credit reports from Equifax, Experian, and TransUnion every week at AnnualCreditReport.com.
Order Your Credit ReportsRight to Dispute Errors
A credit bureau must investigate a dispute, usually within 30 days, and correct or delete information it can't verify.
Dispute a Credit Report ErrorLimits on Old Information
Most negative information comes off after seven years, and some bankruptcies after ten.
Permissible Purpose
Companies need a legal reason, such as an application you made, to pull your report. Unauthorized hard inquiries can be challenged.
Duties of the Companies That Report
Lenders and collectors that report to the bureaus must report accurately and investigate disputes about the information they supply.
Your Rights When You're Sued
Right to Be Served
You must be properly notified of the lawsuit before the court can rule against you.
Right to Respond
You can file an Answer, deny the allegations, and raise defenses such as the statute of limitations.
How to Answer a Debt LawsuitRight to Represent Yourself
You can appear in court without a lawyer, although you have to follow the same rules.
Sued for Debt: What to DoProtection for Some Income
Federal and state laws limit how much of your wages can be garnished and protect certain benefits. The protections vary by state.
State Legal HelpYour Rights in Other Common Situations
Auto Repossession
Lenders generally can't breach the peace to take a car, such as by using force or breaking into a locked garage, and must follow notice and sale rules.
Review a RepossessionMortgage Servicing
Under RESPA, you can send your servicer a written notice of error or request for information, and it must acknowledge and investigate.
Fix a Servicer ProblemToll and E-ZPass Violations
You can generally appeal a violation notice you believe is wrong, following the issuing authority's process and deadline.
E-ZPass DisputesWhere to Report a Problem
- The Consumer Financial Protection Bureau (CFPB), for debt collection, credit reporting, and mortgage complaints
- The Federal Trade Commission (FTC), for fraud and unfair business practices
- Your state attorney general's consumer protection office
- Your state's financial regulator, which licenses collectors in many states
Reporting a problem doesn't replace your own dispute or court deadline, so keep those moving too.
FAQ
Frequently Asked Questions About Consumer Legal Rights
The FDCPA mainly covers third-party debt collectors. Some states, such as California and Florida, extend similar rules to original creditors.
Usually 30 days from when it receives your dispute, and it must send you the results.
Not if the collector knows or has reason to know your employer doesn't allow those calls. Tell the collector in writing if that's the case.
Keep records, send a written dispute, file a complaint with the CFPB or your state attorney general, and consider talking to a consumer protection attorney about a lawsuit.
Yes. You can represent yourself in civil court, but the court expects you to follow its rules and deadlines.
Next step
Start With Your Situation
Tell us what's happening, and we'll point you to the tool that helps you use your rights.