For many people, getting a call from a debt collector is stressful—but what you might not know is that debt collectors are legally limited in what they can say to you. Thanks to the Fair Debt Collection Practices Act (FDCPA), there are clear rules that protect you from harassment, deception, and abuse.
Understanding what collectors can and can’t say isn’t just about peace of mind—it’s about protecting your legal rights. If a debt collector crosses the line, you may be entitled to compensation under both federal and California law.
What Debt Collectors Are Allowed to Say
Debt collectors are allowed to contact you about a valid debt, but they must follow specific rules. They can tell you the name of the original creditor, the amount owed, and how you can pay or resolve the debt. They are also allowed to notify you that failure to pay may result in further collection efforts, such as referring the matter to an attorney or considering legal action—but only if that’s actually intended and legally permitted.
Collectors can also request your updated contact information, but they may not disclose the debt to third parties, such as friends, family, or your employer. Any message left must be discreet, and they are generally prohibited from leaving voicemails that reveal the nature of the debt to anyone other than you.
Within five days of their initial contact, the collector must send you a written notice that includes the amount owed, the name of the creditor, and your right to dispute the debt in writing. This is called a validation notice, and it is your legal right to receive it.
What They’re Not Allowed to Say—Ever
Many collectors push the limits, and some go far beyond what the law permits. Under the FDCPA, there are strict prohibitions on certain language and tactics. Collectors may not threaten you with arrest or jail, because debt is not a criminal matter. If a collector says you’ll be thrown in jail for not paying, that’s not just false—it’s illegal.
Collectors also can’t use abusive or profane language, call you repeatedly with the intent to harass, or make false statements about the debt. For example, they cannot lie about being an attorney or claim they are filing a lawsuit if they have no intention or legal ability to do so.
It’s also illegal for them to inflate the amount owed, add unauthorized fees or interest, or claim the debt is still collectible if it’s beyond the statute of limitations. Any of these statements can be grounds for legal action.
In California, the Rosenthal Fair Debt Collection Practices Act (RFDCPA) provides additional protections, applying not just to third-party collectors but also to original creditors. That means even hospitals, banks, and collection departments must follow these rules.
You Have the Right to Push Back
If a collector says something that feels off, it probably is. You have the right to demand everything in writing before responding. You have the right to dispute the debt. And you have the right to tell a collector to stop contacting you.
If a collector violates your rights, you can report them to the Consumer Financial Protection Bureau (CFPB) or the California Department of Financial Protection and Innovation (DFPI). More importantly, you may be able to file a lawsuit and recover actual damages, statutory penalties, and attorney’s fees under the FDCPA and RFDCPA.
At The Credit Attorney, we’ve helped countless consumers across California hold abusive debt collectors accountable. If you’ve received threatening calls, false claims, or feel harassed by a collector—we’re here to help.
