Short answer: a debt collector must send you validation information about the debt (12 CFR 1006.34), and if you dispute the debt in writing within the validation period, it must stop collecting until it sends you verification (12 CFR 1006.38(d)). It may not call at inconvenient times (12 CFR 1006.6(b)) or call so often that it harasses you (12 CFR 1006.14(b)), and a written request to stop contacting you makes it stop, with narrow exceptions (12 CFR 1006.6(c)).
Who these rules cover
A debt collector is a business whose main purpose is collecting debts, or that regularly collects debts owed to someone else. A lender collecting its own loan under its own name is generally not one, but it is if it uses another name that makes it look like a third party is collecting (12 CFR 1006.2(i)). If your lender is still the one calling, see what happens if you miss a loan payment.
The main limits
| Rule | What it says |
|---|---|
| Times | Unless it knows otherwise, a collector must treat calls before 8 a.m. or after 9 p.m. your local time as inconvenient (12 CFR 1006.6(b)(1)) |
| Work | No contact at your job if the collector knows or has reason to know your employer does not allow it (12 CFR 1006.6(b)(3)) |
| Your lawyer | If it knows you have a lawyer for the debt and can find the lawyer's name and address, it must contact the lawyer, not you, unless the lawyer does not respond in a reasonable time or agrees (12 CFR 1006.6(b)(2)) |
| How often | A collector is presumed to comply if it calls you about a debt no more than 7 times in 7 consecutive days, and not within 7 consecutive days after a phone conversation with you about it (12 CFR 1006.14(b)(2)) |
| Email and texts | Each email or text must tell you a simple way to opt out of more messages to that address or number (12 CFR 1006.6(e)) |
| Stop contact | If you write that you refuse to pay or want it to stop contacting you, it must stop, except to say it is ending its efforts or that it may use or intends to use a specific remedy (12 CFR 1006.6(c)) |
A collector may give up these limits only with your prior consent, given directly to it, or a court's permission (12 CFR 1006.6(b)(4)). Telling a collector to stop does not cancel the debt.
The validation notice and the dispute window
The collector must give you the validation information in its first communication or within five days after it (12 CFR 1006.34(a)). The validation period ends 30 days after you receive it, and the collector may assume you received it at least five days after it was sent, not counting Saturdays, Sundays and federal holidays (12 CFR 1006.34(b)(5)). Example (our count):
| Step | Example date |
|---|---|
| Collector sends the validation notice | Monday, November 2 |
| Assumed received (5 days, weekend skipped) | Monday, November 9 |
| Validation period ends (30 days later) | Wednesday, December 9 |
Within that period, in writing, you can:
- Dispute the debt. The collector must stop collecting it, or the disputed part, until it sends you verification or a copy of a judgment (12 CFR 1006.38(d)(2)).
- Ask for the original creditor's name and address. It must stop collecting until it sends them, or tells you the original creditor is the same as the current one (12 CFR 1006.38(c)).
- Not disputing is not a legal admission that you owe the debt (12 CFR 1006.38(d)(1)).
Related situations
For an old debt past the time limit to sue, see time-barred loan debt. For a relative's loan after a death, see personal loan debt after death. For a loan you never took out, see a loan taken out in your name. If a collector breaks these rules, you can file a complaint.
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Disclosure: Modern Lending Solutions is not a lender, loan broker or agent for any lender or loan broker, and does not make credit decisions. Any compensation we receive is paid by participating lenders, only for advertising services. This guide is general information, not financial or legal advice.
Sources
- Regulation F, 12 CFR 1006.2: definitions (debt collector)
- Regulation F, 12 CFR 1006.6: communications in connection with debt collection
- Regulation F, 12 CFR 1006.14: harassing, oppressive or abusive conduct (call frequency)
- Regulation F, 12 CFR 1006.34: debt validation notice and validation period
- Regulation F, 12 CFR 1006.38: disputes and requests for original-creditor information