Debt Collection

The Department does NOT regulate collection agencies, debt collectors, or other entities or individuals collecting debts. 

While the Department does not regulate debt collectors or have regulatory authority over the methods used to collect debts, debt collectors are required to comply with certain laws, including the Fair Debt Collections Practices Act (“FDCPA”).  The Federal Trade Commission (“FTC”) enforces the FDCPA, which prohibits deceptive, unfair, or abusive debt collection practices.  For more information on the FDCPA and the FTC, please visit www.ftc.gov/news-events/media-resources/consumer-finance/debt-collection.  In addition, the FTC allows you to report fraud, including fraudulent debt collection practices.  You may visit https://reportfraud.ftc.gov/#/ for more information.

If a debt collector is attempting to contact you, it should be because the debt collector has information from one of your creditors that you are past due on payments you owe on a debt.  Sometimes, this information may be incorrect.  You should not avoid a debt collector, even if you believe that you do not owe the debt.  If you do not believe you owe the debt, you should inform the debt collector that the debt is not yours and take appropriate steps to document your dispute and/or fix the issue.  The Consumer Financial Protection Bureau (“CFPB”) has published information on how to deal with debt collectors, including some sample letters to resolve issues.  Please visit www.consumerfinance.gov/ask-cfpb/what-should-i-do-when-a-debt-collector-contacts-me-en-1695/ for more information.  In addition, the CFPB has provided a wide array of resources regarding debt collection and provides a process to file complaints against debt collection entities at www.consumerfinance.gov/consumer-tools/debt-collection/.

The Georgia Department of Law’s Consumer Protection Division has an extensive resource with answers to common questions about debt collection, which is available at consumer.georgia.gov/consumer-topics/debt-collectors.  In addition, you can file a complaint against a debt collector, as long as the individual is not an attorney.  To file a complaint with the Consumer Protection Division, please visit consumer.georgia.gov/resolve-your-dispute/how-do-i-file-complaint/consumer-complaint-form#no-back.  If you believe that the debt collector is an attorney, and has engaged in impermissible activities, you may wish to contact the State Bar of Georgia at www.gabar.org/.