What Debt Collectors Can and Cannot Do
Debt collectors are allowed to try to collect money you owe, but they have to follow the law. Both federal and Oregon law protect you from harassment, deception, and unfair collection practices.
This guide explains your rights, what collectors are allowed to do, and what they're not allowed to do. It also tells you what to do if a collector breaks the rules.
- Your rights when dealing with debt collectors
- What debt collectors must tell you
- Rules for when and where debt collectors can call you
- What debt collectors are not allowed to do
- What to do if a debt collector harasses you or breaks the rules
- How to get a debt collector to stop calling
Your rights when dealing with debt collectors
Debt collectors can try to collect a debt, but the law protects you from harassment, threats, lies, and aggressive or dishonest tactics.
You have the right to:
- Be treated with respect, free from threats or harassment
- Get basic information about the debt
- Dispute a debt you don't think you owe
- Ask a debt collector to stop contacting you
- Request written proof of the debt
- Take action if your rights are violated
These rights apply equally whether or not you owe the debt.
What debt collectors must tell you
When a debt collector first contacts you, they must tell you:
- They are trying to collect a debt
- The name of the person or business you originally owed, called the original creditor
- How much you owe
- You have the right to dispute or challenge the debt it if you think (and then they have to provide proof)
- That if you don't dispute it within 30 days, they will assume it's valid
They must tell you this in writing. If they first contact you by phone, they must send it within five days.
For more, see "What to Do If a Debt Collector Contacts You."
If you want more information about your debt, the debt collector has to give it to you. You must ask in writing, and your rights are strongest if you send the letter within 30 days of being contacted. You can ask them for:
- Why the debt collector thinks you owe the debt.
- Proof that they have the right to collect the debt.
- How they calculated the debt, including fees and interest.
Rules for when and where debt collectors can call you
Debt collectors can contact you to try to collect a debt, but they can't call anytime, anywhere, or as much as they want. The law limits when and how they can reach out, including what they can say, who they can talk to, and how often they can contact you.
They can:
- Call you between 8 a.m. and 9 p.m.
- Try to reach you by phone, mail, email, or text
- Message you privately on social media
- Contact other people to ask how to find you, but can only contact them once
They can't:
- Call you at work if you ask them not to or they know you're not allowed to get calls there
- Say anything about the debt to your family, friends, or employer
- Call repeatedly or at unreasonable times
- Post anything on your social media that's public
- Contact other people more than once to find you
Learn more about these rules in this guide by the Consumer Financial Protection Bureau.
What debt collectors are not allowed to do
Debt collectors are not allowed to:
- Harass or abuse you, including using obscene or threatening language
- Call you many times in a row just to annoy you
- Threaten arrest or jail—you can't be arrested for unpaid consumer debts
- Pretend to be a lawyer or government official if they aren't
- Lie about how much you owe or what might happen if you don't pay
- Add fees or interest they aren't legally allowed to charge
- Send postcards or publicly post about your debt
- Contact you on social media in a way others can see
If a debt collector does any of these things, they may be breaking the law.
See more examples of harassment from the Consumer Financial Protection Bureau.
What to do if a debt collector harasses you or breaks the rules
- Keep records of calls, letters, and messages.
- If possible, have another person present as a witness when a debt collector calls.
- Save copies of anything you send or receive.
- File a complaint:
- File a complaint with the Consumer Financial Protection Bureau (a federal government agency).
- File a complaint with the Oregon Department of Justice (a state government agency).
- Talk to a lawyer or legal aid—in some cases, you may have legal options if a debt collector breaks the rules.
Where to get help:
How to get a debt collector to stop calling
You can ask a debt collector to stop contacting you, even if you still owe the money. This is called a "cease communication request."
- Send your request in writing.
- After they get it, they can only contact you to confirm they'll stop or to say they plan to take legal action.
- They can still sue you or report the debt to credit bureaus.
See this guide for more: