When does debt collection apply?

The FDCPA kicks in when:A third-party debt collector contacts you about a debt — by phone, mail, email, or text.The debt is personal, family, or household — credit cards, medical bills, student loans, auto loans. Business debts are not covered.The person calling is not the original company you borrowed from. If your bank itself is calling about your bank credit card, that's outside the FDCPA (though state law and CFPB Regulation F may still apply).A few things people get wrong:"They can call whenever they want." No. The 8 a.m.–9 p.m. window is in your local time zone, and once you tell them your employer doesn't allow personal calls at work, calls to your job are out too."I have to talk to them." You don't. One certified letter telling them to stop, and they can only contact you again to confirm they're stopping or to notify you of a specific lawsuit."Old debts never go away." Every state has a statute of limitations on suing for a debt — usually three to six years from the last activity. After that, the collector can still ask, but they can't take you to court. Watch out: in many states, even a small payment or written acknowledgment of an old debt restarts the clock.

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Debt Collection in Florida

Q: What should you NOT do about debt collection?

Don't go silent on a legitimate debt. Stopping the calls doesn't stop the lawsuit. Ignored, a real debt can become a default judgment, then wage garnishment, then a credit hit that lasts seven years. Find out what you actually owe before you decide how to play it.Don't hand out your bank account or Social Security number on an inbound call. Scammers calling themselves debt collectors are a multi-billion-dollar industry. If the call surprises you, hang up and call the original creditor at the number on your statement.Don't pay anything on an old debt without checking the statute of limitations first. In a lot of states, a $20 payment on a time-barred debt resets the clock and hands the collector a fresh right to sue. Verify the date of last activity before sending a dollar.Don't agree to a payment plan that breaks your budget. Collectors are paid to push you to your limit. You can counter-offer, negotiate a lump-sum settlement (often 30–50% of the balance), or talk to a nonprofit credit counselor first — try the NFCC at nfcc.org.

By Ahmed Alsaedi, Founding Editor

Source: Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. Enforced by the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC).

About this article

Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

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Florida Law

How Florida differs from federal law

Florida provides some of the strongest asset protections for debtors in the country:

Florida Consumer Collection Practices Act (Fla. Stat. § 559.55-559.785): Florida's state FDCPA equivalent. Prohibits deceptive, unfair, and abusive collection practices. Applies to both original creditors and third-party collectors.
Statute of limitations: 5 years for most written contracts (Fla. Stat. § 95.11(2)(b)). After 5 years, collectors cannot sue.
Wage garnishment protections: Florida exempts the first $750/week of disposable earnings for heads of household from garnishment (Fla. Stat. § 222.11). Non-heads of household follow the federal standard (25% of disposable earnings).
Homestead exemption: Florida has one of the strongest homestead exemptions in the country. Your primary residence is completely exempt from forced sale to pay most debts — regardless of value — as long as the property is 1/2 acre or less in a municipality or 160 acres outside a municipality (Fla. Const. Art. X, § 4).

Additional Steps in Florida

File complaints with the Florida Attorney General at myfloridalegal.com or call (866) 966-7226. File with the Florida Office of Financial Regulation for licensed collector issues. Contact Florida Legal Services at (800) 405-1417.

Relevant Law: Fla. Stat. § 559.55-559.785 (FL Consumer Collection Practices Act), Fla. Const. Art. X, § 4 (homestead exemption), Fla. Stat. § 222.11 (wage exemptions)

Federal baseline: Debt Collection nationwide

What is this right?

Before 1977, debt collectors could call your house at 2 a.m., tell your neighbors you were a deadbeat, threaten violence, and pretend to be lawyers or cops. Congress passed the Fair Debt Collection Practices Act that year because nothing else had worked. The basic rules are still the same: no calls before 8 a.m. or after 9 p.m. local time, no threats, no profanity, no telling third parties about your debt, no lying about what you owe — and you have the right to shut the contact off entirely with a single written cease-and-desist letter.

One catch trips up almost everyone: the FDCPA only covers third-party collectors — agencies that bought your debt or are collecting on someone else's behalf. The original creditor calling about your own credit card isn't covered. Some state laws fill that gap; most don't. Either way, when the FDCPA does apply, you can sue for actual damages plus up to $1,000 in statutory damages per case, and the collector pays your attorney's fees.

When does it apply?

The FDCPA kicks in when:

A third-party debt collector contacts you about a debt — by phone, mail, email, or text.
The debt is personal, family, or household — credit cards, medical bills, student loans, auto loans. Business debts are not covered.
The person calling is not the original company you borrowed from. If your bank itself is calling about your bank credit card, that's outside the FDCPA (though state law and CFPB Regulation F may still apply).

A few things people get wrong:

"They can call whenever they want." No. The 8 a.m.–9 p.m. window is in your local time zone, and once you tell them your employer doesn't allow personal calls at work, calls to your job are out too.
"I have to talk to them." You don't. One certified letter telling them to stop, and they can only contact you again to confirm they're stopping or to notify you of a specific lawsuit.
"Old debts never go away." Every state has a statute of limitations on suing for a debt — usually three to six years from the last activity. After that, the collector can still ask, but they can't take you to court. Watch out: in many states, even a small payment or written acknowledgment of an old debt restarts the clock.

What to Do If a Debt Collector Is Harassing You

Build the paper trail before you do anything else. Most FDCPA cases turn on what was said and when.

Step 1: Demand the validation letter. Under § 1692g, the collector must give you written notice of the debt amount, the original creditor's name, and your right to dispute — either inside the first communication or within five days of it. If they didn't, that's itself a violation.

Step 2: Dispute in writing within 30 days. If something's off — wrong amount, wrong person, debt you already paid — send a written dispute by certified mail with return receipt. Collection has to pause until they verify.

Step 3: Log every call. Date, time, the collector's name, the agency, what was said. Save every letter, voicemail, and text. This is your case if it ends up in front of a judge.

Step 4: Send the cease-and-desist letter. Once you want the contact to stop entirely, send it certified mail. After they receive it, contact has to stop except to confirm they're stopping or to give notice of a specific legal action.

Step 5: File the complaint. CFPB at consumerfinance.gov/complaint or (855) 411-2372, and your state attorney general. The CFPB forwards your complaint to the company and tracks the response — that paper trail matters.

What should you NOT do?

Don't go silent on a legitimate debt. Stopping the calls doesn't stop the lawsuit. Ignored, a real debt can become a default judgment, then wage garnishment, then a credit hit that lasts seven years. Find out what you actually owe before you decide how to play it.

Don't hand out your bank account or Social Security number on an inbound call. Scammers calling themselves debt collectors are a multi-billion-dollar industry. If the call surprises you, hang up and call the original creditor at the number on your statement.

Don't pay anything on an old debt without checking the statute of limitations first. In a lot of states, a $20 payment on a time-barred debt resets the clock and hands the collector a fresh right to sue. Verify the date of last activity before sending a dollar.

Don't agree to a payment plan that breaks your budget. Collectors are paid to push you to your limit. You can counter-offer, negotiate a lump-sum settlement (often 30–50% of the balance), or talk to a nonprofit credit counselor first — try the NFCC at nfcc.org.

You shouldn't have to hire a lawyer to assert your rights.

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Debt Collection in other states

Same topic, different jurisdiction. Pick the one that applies to you.

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Every reference below links to its primary source — the statute book, regulator, or court — and carries a verification date. See our citation methodology for how this works.

Florida

StatuteFlorida Consumer Collection Practices Act, Fla. Stat. § 559.55-559.785
Agency guidanceFlorida AG — Debt Collection Rights
StatuteFair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.

Federal

StatuteFair Debt Collection Practices Act § 805 (communication restrictions)
Establishes the 8 a.m.–9 p.m. local-time call window and the cease-contact rule once a consumer demands it in writing.
StatuteFDCPA § 807 (false or misleading representations)
Bars threats, false statements about debt amount or legal status, and impersonation of attorneys or government officials.
StatuteFDCPA § 809 (debt validation rights)
Requires written validation notice within 5 days; collection must pause when the consumer disputes the debt within 30 days.
Regulation12 C.F.R. Part 1006 (Regulation F)
CFPB's 2021 implementing rule — caps phone calls at 7 per 7 days per debt, governs e-mail/text contact, and requires the standardized validation notice.
Agency guidanceCFPB — Submit a Debt Collection Complaint
Federal complaint portal; the CFPB forwards complaints to the company and tracks responses.