Your phone buzzes. You glance down expecting a message from a friend, but instead you see something like: “This is an attempt to collect a debt. Call 1-800-XXX-XXXX immediately.”
If this sounds familiar, you’re not alone. Since late 2021, text messages have become one of the fastest-growing tools in the debt collection industry. And while many of these texts are perfectly legal, others cross the line into harassment, deception, or outright scams.
This guide breaks down everything you need to know about how debt collectors use text messages, your rights under federal law, and exactly what to do when your phone lights up with an unwanted collection message.
Do Debt Collectors Text You? (Short Answer First)
Yes. Since November 30, 2021, federal rules explicitly allow debt collectors to contact consumers by text message. The ’s Regulation F modernized the Fair Debt Collection Practices Act to recognize that electronic communications—including SMS, email, and even social media direct messages—are legitimate ways for collectors to reach you.
These texts are governed by three overlapping bodies of law: the Fair Debt Collection Practices Act (FDCPA), the CFPB’s Regulation F, and the Telephone Consumer Protection Act (TCPA). Together, these rules permit debt collection via text but set strict boundaries on how collectors can use this channel.
While texting is legal, certain behaviors are not. Harassment, misleading messages, and failure to honor your opt-out requests violate federal law. Collectors who send threatening messages, text you at 2 a.m., or ignore your “STOP” reply can face serious legal consequences—including lawsuits where you may recover damages.
Key takeaways if you need an immediate answer:
- Debt collectors can legally text you about debts owed, but only under specific rules
- You can usually stop texts by replying “STOP” or sending a written opt-out request
- Texts cannot be harassing, deceptive, or sent at inconvenient times (before 8 a.m. or after 9 p.m.)
- Excessive or threatening texts may give you grounds for a TCPA or FDCPA lawsuit
- Scammers also pose as collectors via SMS—verify before you pay anything
- Always save screenshots of every message you receive
Your Rights When Debt Collectors Text, Call, Email, or DM You
The FDCPA and Regulation F protect you from abusive, misleading, or unfair debt collection practices across all communication channels. This includes phone calls, letters, emails, text messages, and private social media messages. Whether a collector reaches you via SMS or slides into your Instagram DMs, the same core protections apply.
These federal protections apply to third-party debt collectors, collection agencies, debt buyers, and collection law firms. However, they generally do not apply to the original creditor—meaning if your bank or hospital is collecting directly on their own account, federal law offers fewer protections (though state laws may fill this gap).
Your core rights under federal debt collection rules include:
- Freedom from harassment: Collectors cannot use obscene language, make threats, or overwhelm you with excessive contact
- Accurate information: You must receive truthful information about the debt, including the amount and the original creditor
- Validation rights: You can request written proof of the debt within 30 days of initial contact
- Time and place restrictions: Collectors must avoid contacting you at inconvenient times or places you’ve designated as off-limits
- Opt-out mechanisms: Electronic messages must include a simple method to stop receiving them
- Privacy protections: Collectors cannot reveal your debt to third parties, including through public social media posts
Regulation F, finalized in 2020 and effective November 30, 2021, specifically updated the rules to cover texts, emails, and other electronic media. State laws like California’s Rosenthal Act or New York’s debt collection regulations may provide even stronger protections than federal law—sometimes extending rules to original creditors or imposing stricter limits on contact frequency.
Who Counts as a “Debt Collector” Under the FDCPA?
The FDCPA generally applies to third-party collection agencies, debt buyers who purchase delinquent accounts, and law firms that collect debts as part of their practice. It typically does not apply to original creditors collecting their own accounts—your credit card company calling about your missed payment, for example, isn’t covered by most FDCPA provisions.
Examples of covered debt collectors:
- A collection agency texting you about a 2022 credit card debt charge-off purchased from your bank
- A law firm sending SMS messages about a 2019 medical bill they’ve been hired to collect
- A debt buyer contacting you about a 2017 auto loan deficiency balance they purchased
Generally NOT covered by the FDCPA:
- Your original credit card issuer calling about your current balance
- A hospital billing department texting payment reminders for recent services
- Business debts or commercial obligations
However, many state laws extend fair debt collection practices protections to original creditors. California’s Rosenthal Act, for instance, applies most FDCPA-style rules to creditors collecting their own debts. The law typically covers personal, family, or household purposes debts—credit card debt, medical debt, personal loans, utilities, and certain student loans fall into this category.
How and When Debt Collectors Can Use Text Messages
Regulation F explicitly authorizes debt collectors to use texts, emails, and social media DMs to contact consumers. But this permission comes with strict requirements designed to prevent harassment and protect your privacy. The rule isn’t a free pass—it’s a regulated channel with clear boundaries.
Rules debt collectors must follow when texting:
- Identify themselves: The message must make clear it’s from a debt collector, not a friend or official
- Avoid deception: No “door opener” texts pretending to be about something other than debt
- Protect your privacy: Texts cannot expose debt details to others (no group texts, shared phone risks)
- Include required disclosures: Initial communications must state “This is an attempt to collect a debt”
- Provide opt-out options: Messages must include a simple way to stop texts, like “Reply STOP to opt out”
Collectors must also avoid contacting you at inconvenient times. Under Regulation F, contact before 8:00 a.m. or after 9:00 p.m. in your local time zone is presumed inconvenient unless you’ve told them otherwise. This applies to text messages just as it applies to phone calls.
If you’ve told a collector that your work cell is off-limits—or if they know your employer prohibits personal communications—texting that number could violate the law. The same applies if texting a shared family phone might expose your debt to household members who shouldn’t know about it.
Social media contact must remain private. Collectors can send direct messages on platforms like Facebook or Instagram, but they cannot post publicly on your wall, tag you in debt-related content, or comment on your photos in ways that reveal your financial situation to your friends and followers.
Is There a Limit on How Many Texts a Collector Can Send?
Regulation F sets numeric limits on debt collector calls—specifically, a presumption that calling more than seven times within seven days about a particular debt is harassment. But here’s what surprises many consumers: there is no specific numeric cap for texts or emails under federal law.
That doesn’t mean collectors can bombard you endlessly. Even without a hard number, a flood of texts can violate the FDCPA’s prohibition against harassing, oppressive, or abusive conduct. Courts look at the totality of circumstances—the content of messages, frequency, timing, and your response.
Text patterns that could be considered harassment:
- Dozens of messages in a single day demanding payment
- Repeated texts late at night or early morning
- Messages continuing after you’ve clearly opted out
- Texts with threatening or profane language
- Daily messages over weeks despite no response from you
- Messages that escalate in pressure or include false threats
Some states impose stricter rules. Washington limits texts to two per day. New York requires extra consent and disclosures. Emerging proposals like DC CB 24-0357 would limit collectors to five messages per seven days.
If you’re receiving what feels like an unreasonable volume of texts, document everything. Save screenshots showing the pattern over days or weeks, especially any messages sent after you replied “STOP.”
Texts, Emails, and Social Media DMs: What’s Allowed and What’s Not
Regulation F treats texts, emails, and private social media DMs as legitimate communication channels, but each must be reasonably private and secure. The key principle: your debt details should not be exposed to anyone else.
What’s allowed:
- A text to your personal cell phone identifying the sender as a debt collector
- An email to your personal email address with required disclosures
- A private DM on Facebook or Instagram (not visible to your friends)
- A limited content message (voicemail or text) with just enough info for you to call back
What’s prohibited or risky:
- Texting in a group chat where others can see the message
- Posting on your public Facebook wall about your debt
- Tagging you in a Twitter post mentioning money owed
- Sending messages that threaten arrest or jail
- Texting a number you’ve already told them not to use
- Messages pretending to be from a court, law enforcement, or government agency
Mail and phone calls remain standard tools, but digital messages let collectors reach you faster—texts have a 98% open rate compared to just 20% for emails. That speed makes texting attractive to collectors but also increases the potential for harassment when used aggressively.
TCPA and Robotexts: When SMS Becomes Illegal Harassment
The Telephone Consumer Protection Act is the primary federal law restricting robocalls and mass robotexts sent via automated dialing systems. While the FDCPA focuses on the content and conduct of debt collection, the TCPA focuses on the method—specifically, whether automated technology was used to contact you.
Under TCPA, collectors generally need your prior consent to send automated marketing or collection texts to your cell phone. This is especially true if they’re using an autodialer or mass-text platform that can store or produce phone numbers for bulk messaging. Without proper consent, each robotext could expose the sender to significant liability.
TCPA violations can result in:
- $500 per unlawful text or call
- $1,500 per text or call if the violation was willful
- Class action lawsuits when patterns affect many consumers
- FCC enforcement actions and industry penalties
According to WebRecon data, 2024 saw a 15% rise in TCPA text-related lawsuits. Plaintiffs have an easier time building cases against text harassment because phone logs and screenshots provide clear, permanent evidence.
Manual, one-by-one texts may be treated differently from automated campaigns under TCPA analysis. But regardless of how the message was sent, both manual and automated texts must still comply with the FDCPA’s anti-harassment rules. The laws work together: TCPA governs the technology, while FDCPA governs the behavior.
What Counts as “Consent” to Receive Debt Collection Texts?
Consent is the cornerstone of legal debt collection texting. But what qualifies as valid consent, and where does it come from?
Sources of consent:
- Original application: You may have provided your cell number when you opened a credit card account in 2020, authorizing contact about the account
- Payment arrangements: Agreeing to receive text reminders about a payment plan
- Passed-through consent: The original creditor obtained consent, then transferred your account (and that consent) to a collection agency
Important distinctions:
- Consent must be specific to that phone number and purpose
- A number given only for two-factor authentication shouldn’t automatically authorize collection texts
- Consent obtained for one debt doesn’t necessarily apply to different accounts
Your right to revoke consent:
You can revoke consent at any time using plain language. This could be:
- Replying “STOP” or “stop texts”
- Sending a text saying “Do not text this number again”
- Calling and clearly stating you revoke consent for texts
- Sending a written letter revoking authorization
Once you revoke, the collector must honor your request. Continued texting after revocation can violate both TCPA and FDCPA, potentially entitling you to damages.
Opt-Out Rights: How to Make Debt Collectors Stop Texting You
Regulation F and TCPA require that electronic messages include clear, simple opt-out mechanisms. You should never have to pay money or jump through hoops to stop receiving texts. The process should be straightforward—and collectors must honor it promptly.
Most collection texts include language like “Reply STOP to stop texts” at the end of the message. When you send that reply, the collector must cease texting that number. Compliance should be immediate—not “within 7-10 business days.”
How opt-out works in practice:
- For texts: Reply “STOP” or similar keyword to the number that texted you
- For emails: Click the unsubscribe link or reply requesting removal
- For social media DMs: Send a message stating you don’t consent to contact via that platform
- For multiple channels: You may need to opt out separately on each platform the collector uses
Key points to remember:
- Opt-out is typically channel-specific (stopping texts doesn’t stop calls)
- You don’t need a reason—you have an unqualified right to revoke consent
- Collectors must maintain systems to honor opt-outs and prevent accidental re-contact
- Failure to honor opt-outs can result in statutory damages up to $1,000 per violation under FDCPA
Always document your opt-out. Screenshot your “STOP” reply with the timestamp visible. If you send a written letter, use certified mail with return receipt requested.
Stopping All Communication vs. Only Text Messages
There’s an important difference between opting out of texts and sending a full cease-communications request under the FDCPA.
Opting out of texts only:
Saying “Stop texting me” typically stops only SMS messages. The collector may still:
- Call your phone
- Send letters to your mailing address
- Email you (if they have your email)
- Contact you via other electronic media you haven’t blocked
Full cease-communication request:
Under the FDCPA, you can send a written letter telling the collector to stop contacting you entirely. This generally stops almost all contact, except:
- A final letter confirming they’ll stop
- Notices of specific legal action (like a lawsuit being filed)
Pros and cons to consider:
| Approach | Pros | Cons |
|---|---|---|
| Text-only opt-out | Stops texts while keeping other channels open for negotiation | May still receive calls and letters |
| Full cease communication | Maximum peace from collection contact | Collector may escalate to legal action faster since they can’t reach you informally |
Before sending a full cease-and-desist letter, especially on a large or recent debt (within the last 3-4 years), consider consulting a consumer rights attorney or legal aid organization. Cutting off all communication could push a collector toward filing a lawsuit rather than working out a payment arrangement.
What to Do When a Debt Collector Texts You
Don’t panic. That’s the first rule. A text from a debt collector—or someone claiming to be one—doesn’t require immediate action. What it does require is a careful, strategic response that protects your rights and your money.
Immediate steps to take:
- Screenshot and save the message including the phone number, timestamp, and full content
- Don’t click any links in the text, especially shortened URLs—these could be phishing attempts
- Don’t admit the debt is yours or promise to pay before verifying everything
- Check for prior correspondence like letters from the same company
- Search for the company name plus “complaints” online and in CFPB/FTC databases
- Don’t provide sensitive information like your Social Security number, bank account, or one-time passcodes over text
- Request written validation if you haven’t received a proper validation notice
- Consider a strategic response stating you prefer written communication to your mailing address
If you decide to respond, keep it brief and neutral. Something like: “I do not consent to text messages. Send any correspondence to [your mailing address].” Then block the number while keeping all evidence saved.
How to Verify If the Text Is Legitimate or a Scam
Scammers increasingly pose as debt collectors via SMS. They exploit the fear and urgency around debt to pressure victims into sending money immediately—often through untraceable methods. The Federal Trade Commission has documented schemes like the “Messaging for Money” sweep, where deceptive practices included texts designed to trick consumers into calling back under false pretenses.
Red flags that suggest a scam:
- Threats of immediate arrest or lawsuit “today”
- Claims that your driver’s license will be suspended for debt
- Demands for payment via gift cards, cryptocurrency, or money transfer apps
- Extreme urgency (“You must pay within the next hour”)
- Refusal to provide written validation
- The “collector” won’t give you their company name and contact information or license number
Verification steps:
- Look up the company independently—don’t use the phone number in the text
- Call the official number listed on their website or with your state attorney general’s office
- Ask for written validation sent by mail to your address
- Check if they’re licensed in your state (many states require debt collector licensing)
- Contact the original creditor directly to confirm whether your account was sold or placed for collection
Never click payment links in a suspicious text. If the debt is legitimate, you can pay through verified portals or by check mailed to a confirmed address. Legitimate debt collectors will give you time to verify—scammers create artificial urgency.
Requesting Validation and Disputing the Debt
Under the FDCPA, you have powerful debt validation rights. Within 30 days of receiving the initial written notice about a debt, you can dispute it and demand validation. This is one of your most important protections against attempts to collect debts you don’t owe or amounts that are incorrect.
Steps to request validation:
- Send a written dispute letter by certified mail with return receipt requested
- Clearly state that you dispute the debt (or the amount) and want verification
- Keep copies of everything—the letter, postal receipt, and any response
- Note the date you mailed your dispute
What happens after you dispute:
- The collector must generally pause collection efforts while validating
- They cannot continue texting as if the debt is confirmed
- They must provide documentation proving the debt is valid and the amount is correct
- If they cannot validate, they should not continue collection efforts
Even if you’re past the 30-day window, you can still dispute a debt at any time. The collector just isn’t required to stop collection while investigating if you dispute late. But disputing early—within that 30-day period—triggers the strongest protections.
When Debt Collector Texts Cross the Line Into Harassment
The FDCPA prohibits conduct that harasses, oppresses, or abuses any person in connection with debt collection. These rules apply equally whether the collector contacts you by phone, mail, email, or text message. SMS harassment is just as illegal as phone harassment.
Examples of harassing text behavior:
- Repeated messages after midnight or before dawn
- Texts containing profanity, threats, or obscene language
- False claims that you committed a crime by not paying
- Threats of arrest, imprisonment, or seizure of property without legal authority
- Texting your workplace after you’ve told them it’s prohibited
- Sending messages to your relatives, roommates, or friends about your debt
- Continuing to text after you’ve sent a clear “STOP” or opt-out request
Even “polite” texts can become harassment if they’re too frequent or ignore your explicit opt-out. There’s no magic number, but courts assess the pattern: dozens of messages daily, texts that continue for weeks despite no response, or a deliberate campaign to pressure you through sheer volume can all qualify.
The law also prohibits deceptive practices—texts that misrepresent the legal status of a debt, falsely threaten legal action that isn’t actually intended, or pretend to be from a court, attorney, or government agency when they’re not.
Texts at Inconvenient Times and Places
By default, any contact before 8:00 a.m. or after 9:00 p.m. in your local time zone is presumed inconvenient under federal law. This applies to text messages as well as phone calls. A 3 a.m. text demanding payment is just as problematic as a 3 a.m. phone call.
What you can do about timing:
- You can tell a collector specific times that are inconvenient for you
- If you work nights and sleep during the day, inform them in writing
- Once you’ve communicated your preferences, they must respect them
- Document any texts sent outside your stated acceptable hours
Place restrictions also apply:
- Texting a work phone after you’ve objected is generally prohibited
- If a collector knows your employer bans personal messages, your work cell may be off-limits
- You can designate specific numbers or platforms as off-limits
The key is communication and documentation. Tell the collector clearly—preferably in writing—when and how you don’t want to be contacted. Then save evidence of any violations.
Harassing SMS and TCPA/FDCPA Lawsuits
Victims of unlawful debt collection texts can sue in federal or state court. The FDCPA generally provides a one-year statute of limitations from the date of the violation. TCPA claims typically allow four years, though this varies by jurisdiction. Consult an attorney to understand the deadlines applicable to your situation.
Potential damages:
| Law | Damages Available |
|---|---|
| FDCPA | Up to $1,000 statutory damages per case + actual damages + attorney’s fees |
| TCPA | $500 per unlawful text (up to $1,500 if willful) |
| State laws | May provide additional remedies |
When texts are automated and sent in volume, TCPA damages can add up quickly. A hundred unlawful robotexts could mean $50,000 or more in potential liability.
Building your case requires documentation:
- Screenshot every message with timestamps visible
- Export your text message logs if possible
- Keep phone bills showing the numbers that contacted you
- Save any opt-out messages you sent
- Note any calls and what was said
- Create a timeline of all contacts
Many consumer rights attorneys handle FDCPA and TCPA cases on contingency, meaning you may not pay fees upfront. If a collector has subjected you to clear harassment, seeking legal counsel is often worth the call.
How to Protect Yourself and Build a Case If Necessary
Your best defense combines knowledge, documentation, and strategic response. By understanding your rights and preserving evidence, you put yourself in the strongest possible position—whether you’re negotiating a payment plan, filing complaints, or preparing for potential litigation.
Evidence organization checklist:
- [ ] Save every text message with screenshots showing the full content and timestamp
- [ ] Keep every email, voicemail, and letter in a dedicated folder
- [ ] Export text logs from your phone if possible
- [ ] Document any phone calls with the date, time, caller’s name, company, and summary
- [ ] Create a simple timeline of all contacts from earliest to most recent
- [ ] Note any opt-out requests you sent and when
- [ ] Save postal receipts for any certified letters
Check your credit reports:
At least once a year, visit AnnualCreditReport.com to get free reports from Equifax, Experian, and TransUnion. Check whether the collector has reported the debt and whether the information is accurate. Under the Fair Credit Reporting Act (FCRA), you can dispute inaccuracies directly with the credit reporting bureaus.
Report abusive collectors:
- (CFPB): Submit a complaint at consumerfinance.gov
- Federal Trade Commission (FTC): Report at reportfraud.ftc.gov
- Your state attorney general’s office: Many state’s attorney general offices have consumer protection divisions
- State banking or finance regulators: Some states require debt collector licensing
When you file complaints, include copies of your text logs, screenshots, and timeline. The more documentation you provide, the stronger your complaint.
When to Talk to a Consumer Rights Lawyer
Not every collection text requires an attorney. But certain situations make professional legal help especially valuable:
Consider consulting a lawyer if:
- You’re being sued or texts threaten imminent legal action against you
- You’ve received dozens of unwanted messages after opting out
- Texts include clear harassment: threats, profanity, false claims of crimes
- Messages were sent to third parties exposing your debt
- A scammer took money from you by posing as a collector
- You believe you have a strong TCPA or FDCPA claim worth pursuing
Preparing for a consultation:
- Gather all text messages, emails, letters, and voicemails
- Pull your credit reports showing the account
- Collect copies of any dispute letters or opt-out requests you sent
- Prepare a simple timeline of events
- Note your financial situation and what the claimed debt involves
Many consumer attorneys offer free initial consultations and handle cases on contingency. If they take your case, you may pay nothing unless you win or settle.
Important: This article provides general information about debt collection laws and is not legal advice. Laws vary by state, and individual circumstances matter. For guidance on your specific situation, consult a qualified attorney in your jurisdiction.
Key Takeaways
Debt collectors can legally text you, but they must play by the rules. The FDCPA, Regulation F, and TCPA together create a framework that permits electronic communications while prohibiting harassment, deception, and privacy violations.
You have the power to stop texts by replying “STOP” or sending written opt-out requests. You have the right to demand validation of any debt. And if collectors cross the line—through excessive messaging, threats, or ignoring your opt-out—you may have grounds for legal action with real financial consequences for the violator.
Stay informed about your rights. Document everything. Respond strategically rather than emotionally. And when the texts cross from annoying into abusive, don’t hesitate to seek help from consumer protection agencies or a consumer rights attorney who can evaluate your case.
The shift toward text-based collection isn’t going away. But neither are your rights.