Your Rights Under the FDCPA — Wisconsin Debt Collection
What debt collectors can and cannot do under the Fair Debt Collection Practices Act and Wisconsin consumer protection law.
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).
Wisconsin-specific protections
The Wisconsin Consumer Act — Debt Collection Practices §427.104 comprehensive mini-FDCPA as part of the Wisconsin Consumer Act (Chs. 421-427); covers merchants (original creditors) and third-party collectors collecting consumer debts; prohibits threats, harassment, false claims of legal authority, deceptive representations, and unfair collection practices; provides a private right of action for actual damages and a $100 to $1,000 statutory penalty per violation plus attorney fees.
Debt collectors in Wisconsin must be licensed §218.04. 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 Wisconsin 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
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

