The Fair Debt Collection Practices Act [§ 15 U.S.C. 1692] is the primary federal law protecting consumers from abusive debt collection. It prohibits harassment, false statements, and unfair practices by third-party debt collectors. It does not cover original creditors collecting their own debts.

Can a debt collector call me at work?

Not if your employer disapproves. Under the FDCPA [§ 15 U.S.C. 1692c], a collector must stop calling your workplace if they know (or have reason to know) your employer prohibits such calls. Tell the collector verbally and follow up in writing.

Can a debt collector contact my family or friends?

Only to locate you. Under the FDCPA [§ 15 U.S.C. 1692b], a collector may contact third parties to find your address, phone number, or employer — but they cannot reveal that you owe a debt, and they generally can contact each person only once.

Do debt collectors need a license in South Carolina?

Yes. Debt collectors must be licensed under [§ 37-12-40]. Collecting without a license may be a defense to a collection lawsuit and could result in penalties.

Topic guideUpdated 2026-02-27

Your Rights Under the FDCPA — South Carolina Debt Collection

What debt collectors can and cannot do under the Fair Debt Collection Practices Act and South Carolina consumer protection law.

The federal Fair Debt Collection Practices Act §15 U.S.C. 1692 is the primary law protecting consumers from abusive debt collection. South Carolina's South Carolina Consumer Protection Code §37-5-108 provides additional state-level protections.

What collectors cannot do

Harassment and abuse §15 U.S.C. 1692d

Call repeatedly to annoy or harass you
Use profane or abusive language
Threaten violence or harm
Publish your name on a "deadbeat" list

False or misleading representations §15 U.S.C. 1692e

Misrepresent the amount owed
Falsely claim to be an attorney or government representative
Threaten legal action they cannot or do not intend to take
Imply you committed a crime by not paying

Unfair practices §15 U.S.C. 1692f

Collect fees or interest not authorized by the agreement or law
Deposit a post-dated check early
Contact you at unusual times (before 8 AM or after 9 PM)
Contact you at work if your employer disapproves

Your right to stop contact

You can send a written cease-and-desist letter telling the collector to stop contacting you §15 U.S.C. 1692c. After receiving it, the collector may only contact you to confirm they will stop or to notify you of a specific action (such as filing a lawsuit).

⚠Sending a cease-and-desist letter does not eliminate the debt or prevent a lawsuit. It only stops the collection calls and letters.

South Carolina-specific protections

The South Carolina Consumer Protection Code §37-5-108 broader than the federal FDCPA — covers original creditors collecting their own debts in addition to third-party collectors; prohibits unconscionable conduct in collecting consumer credit debts including threats, harassment, and communication at unusual hours.

Debt collectors in South Carolina must be licensed §37-12-40. If a collector is not properly licensed, this may provide a defense or counterclaim.

What to do if your rights are violated

File a complaint with the Consumer Financial Protection Bureau (CFPB) and the South Carolina Attorney General
Document everything — save letters, record dates and times of calls, and take notes
Consult an attorney — FDCPA violations can result in statutory damages of up to $1,000 per case, plus actual damages and attorney fees §15 U.S.C. 1692k

✓You have one year from the date of the violation to file an FDCPA lawsuit §15 U.S.C. 1692k. Do not wait — consult an attorney promptly if you believe your rights have been violated.

Prepare for Your Consultation

Quick checklist (Debt Collection Defense)

Gather these before your first consultation.

All collection letters

(dates, amounts, collector names)

Account statements

(original creditor records)

Communication log

(calls, texts, voicemails)

General preparation tips only. Specific needs depend on your state and debt type.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating South Carolina attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions