Under the federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. § 1692), you have powerful rights when a debt collector contacts you: you can demand they stop calling, require written verification of the debt, and sue them for harassment or illegal conduct — with statutory damages up to $1,000 per lawsuit plus actual damages and attorney’s fees, at no upfront cost to you. Illinois law adds further protections through the Illinois Collection Agency Act (225 ILCS 425/).
Who Is Covered by the FDCPA?
The FDCPA applies to third-party debt collectors — collection agencies, debt buyers, and attorneys who regularly collect debts on behalf of others. It does not apply to the original creditor (such as the credit card company) collecting its own debt, though many original creditors have internal collection policies and some states extend similar protections to original creditors. Illinois’s Collection Agency Act covers both third-party collectors and certain in-house collection activities.
What Are Debt Collectors Prohibited From Doing Under the FDCPA?
The FDCPA contains a detailed list of prohibited conduct. Debt collectors may NOT:
Call at prohibited times: Contact you before 8:00 a.m. or after 9:00 p.m. in your local time zone.
Call your workplace: Contact you at work if you tell them your employer prohibits such calls.
Harass or abuse: Use obscene or profane language, threaten violence, publish your name on a “deadbeat” list, or cause your phone to ring repeatedly with the intent to annoy or harass you.
Make false statements: Lie about the amount owed, falsely claim to be an attorney or government official, threaten legal action they cannot take or do not intend to take, or misrepresent the legal status of a debt.
Use unfair practices: Collect amounts not authorized by the agreement or permitted by law, deposit a postdated check early, or use deceptive collection tactics.
Contact you after a cease-and-desist request: Continue to contact you after you have sent a written request demanding they stop (with limited exceptions for legal proceedings).
Contact third parties: Discuss your debt with anyone other than you, your spouse, or your attorney, except to locate you.
How Do I Send a Cease-and-Desist Letter to a Debt Collector?
Under the FDCPA (15 U.S.C. § 1692c(c)), you have the right to demand in writing that a debt collector stop contacting you. Once they receive your written request, they may only contact you to confirm they will cease collection or to notify you of a specific action — such as filing a lawsuit — they intend to take.
Send the cease-and-desist letter by certified mail with return receipt requested so you have proof of delivery. Keep a copy for your records. Important: a cease-and-desist does not make the debt disappear — the collector may still sue you. But it does stop the harassing calls, and violations after receipt of the letter are particularly clear-cut FDCPA violations.
What Is My Right to Debt Validation?
Within five days of first contacting you, a debt collector must send a written “validation notice” stating: the amount of the debt, the name of the original creditor, and your right to dispute the debt within 30 days. If you send a written dispute within 30 days, the collector must cease collection activities until they provide verification of the debt. This is a powerful tool — many debt buyers cannot produce the original documentation to verify the debt.
What Are the Damages for FDCPA Violations?
If a debt collector violates the FDCPA, you can sue them in state or federal court and recover:
Statutory damages of up to $1,000 per lawsuit (regardless of actual harm).
Actual damages — compensation for real financial harm, emotional distress, and other losses caused by the violation.
Attorney’s fees and court costs — meaning you pay nothing out of pocket if you hire a consumer law attorney on a contingency basis. The FDCPA’s fee-shifting provision makes it financially viable for attorneys to take these cases even when damages are modest.
In class action lawsuits, the collector can be liable for up to the lesser of $500,000 or 1% of the collector’s net worth.
You have one year from the date of the FDCPA violation to file a lawsuit.
What Additional Protections Does Illinois Law Provide?
The Illinois Collection Agency Act (225 ILCS 425/) requires collection agencies operating in Illinois to be licensed with the Illinois Department of Financial and Professional Regulation (IDFPR). Collecting debt without a license is illegal. Illinois law also prohibits unfair or deceptive collection practices and provides consumers with additional avenues for complaint through the Illinois Attorney General’s office.
Frequently Asked Questions
Can a debt collector call me at work in Illinois?
A debt collector can initially call your workplace, but if you inform them — verbally or in writing — that your employer prohibits such calls, they must stop. Continuing to call your workplace after receiving this notice is an FDCPA violation.
What do I do if a debt collector threatens to have me arrested?
Hang up and document the call. Threatening arrest for an unpaid civil debt is a clear FDCPA violation — debt collectors cannot have you arrested, and making that threat is illegal. Contact a consumer law attorney immediately, as this type of violation can support a lawsuit for statutory damages.
Can a debt collector contact my family members about my debt?
A debt collector may contact a third party only once and only to locate you (obtain your address, phone number, or employer). They may not discuss or reveal that you owe a debt to anyone other than you, your spouse, or your attorney. Disclosing your debt to family, friends, or neighbors is an FDCPA violation.
What happens if I ignore debt collector calls?
Ignoring calls does not make the debt go away and does not stop a collector from suing you. If you have valid FDCPA defenses or the debt is time-barred, an attorney can assert those on your behalf. Ignoring a lawsuit that is filed against you will result in a default judgment — which can lead to wage garnishment.
How do I know if a debt collector violated the FDCPA?
Common violations include calling outside permitted hours, using threatening or profane language, misrepresenting the debt amount or legal status, failing to send a validation notice, continuing contact after a cease-and-desist request, or contacting third parties about your debt. Keep records of all calls — dates, times, what was said — as evidence.
Is there a cost to sue a debt collector for FDCPA violations?
Typically no. Consumer law attorneys who handle FDCPA cases usually work on a contingency fee basis — they are paid from the FDCPA’s fee-shifting provision if you win. In many cases, there is no cost to you even if the case settles for the $1,000 statutory damage cap.
Contact Atlas Law Center for a free consultation at (331) 321-4748 (Consumer Law). If a debt collector is harassing you or violating your rights, we can help you fight back and recover damages under the FDCPA.
