Debt Collection · 15 guides
Debt Relief Companies: How to Check One
How to check a debt relief company before signing: the federal advance-fee rule, your account rights, state licensing, complaint records, and the 1099-C note.
On this page
- Key points
- What does federal law require of a debt relief company?
- How do I check a specific company?
- What are the red flags that end the conversation?
- What if the company already broke the rule?
- When to talk to a professional
- Frequently asked questions
- Are debt relief companies legitimate?
- Is there a government list of approved debt relief companies?
- Can a debt relief company charge a monthly fee?
- Do I own the money in the dedicated savings account?
- Does the rule apply if I contacted the company, not the other way around?
- Will settling through a company create a tax bill?
Searches for "best debt relief companies" mostly return ranked lists paid for by the companies on them. This page is not one. It is a verification path: the federal rule every for-profit debt relief company must follow, the rights that rule gives you, and the four places to check a specific company before signing. No company is named here, and none pays us.
Short answer
Check five things. First, the fee rule: no payment until at least one debt is settled, you have agreed to it, and you have paid on it. Second, that any savings account is in your name at an insured bank and refundable on request. Third, state licensing. Fourth, complaint history with your state attorney general and the CFPB database. Fifth, that the company told you, before signing, that forgiven debt can be taxed.
Key points
- Under 16 CFR 310.4(a)(5), a debt relief company may not collect any fee until two things happen. It has settled or changed at least one debt under an agreement you signed. And you have made at least one payment under it.
- Money set aside for settlements must be at an insured bank, owned by you, with interest paid to you. You can quit at any time without penalty and get the balance back within seven business days.
- Bona fide nonprofits are outside that rule; a company that only claims to be nonprofit is inside it. Ask for the tax status in writing.
- Both the FTC and the CFPB say to check a company with the state attorney general and to ask whether a state license is required and held.
- Any amount a creditor forgives can be reported on Form 1099-C and is generally taxable unless an exclusion such as insolvency applies. A company that never mentioned that has skipped a required conversation.
- No company can stop a lawsuit. A settlement program does not pause a court deadline.
What does federal law require of a debt relief company?
Short answer
The FTC's Telemarketing Sales Rule treats a "debt relief service" as any for-profit program that says it can renegotiate, settle, or change the terms of an unsecured debt. For those companies the rule bans advance fees, restricts the savings accounts they use, requires specific disclosures before sign-up, and bans false or unsupported claims. It applies to calls the company makes and to calls you make in response to its ads.
The rule was written for businesses, and the FTC's guide to it is addressed to them. Restated as rights, it comes to four.
Your rights under the Telemarketing Sales Rule
- No fee until one debt is settled, you agreed to that settlement in an agreement you signed, and you made at least one payment under it. A blanket pre-approval signed at enrollment does not count.
- If several debts are enrolled, only a proportional share of the fee can be charged for each debt actually settled — or a fixed percentage of the savings on that debt, the same percentage for every debt.
- Any dedicated account must be at an insured bank, in your name, paying you the interest, run by a company that is not affiliated with or paid referral fees by the debt relief company.
- You may quit at any time without penalty and must receive everything in the account except lawfully earned fees within seven business days of asking.
Before signing, the company must also tell you four things clearly. The total cost. How long until it will make an offer to each creditor. How much must be saved before each offer. And, if the program relies on stopped payments, that credit damage, lawsuits, and new fees and interest can follow. The FTC's own advice for a company that skipped any of these is short: walk away.
Who is outside the rule
Bona fide nonprofit organizations are not covered, because the rule applies only to for-profit sellers. A company that falsely claims nonprofit status is covered. Companies that meet customers face-to-face before sign-up are largely exempt, as are most attorneys. Mortgage relief is under a separate FTC rule. None of these exemptions removes the state-law and complaint checks below.
How do I check a specific company?
Short answer
Four checks, in order. Ask the company for its legal name and tax status in writing. Ask whether your state requires a license for debt settlement and whether it holds one. Search the company at your state attorney general's office. Search it in the CFPB Consumer Complaint Database. For a counselor, add a fifth: look for it on the U.S. Trustee Program's approved list and ask about outside certification.
Get the legal name, address, and tax status in writing
Marketing names and legal names differ. The legal name is what the attorney general, the CFPB database, and any license record are filed under. Nonprofit status is a tax-law fact, not a slogan; the FTC notes that nonprofit status does not by itself mean services are free, affordable, or legitimate.Ask about state licensing
Many states license or register debt settlement and debt adjusting companies, and some restrict the practice. The FTC's guidance is to ask whether a license is required in your state and whether the company holds one. A company that does not know the answer for your state has already told you something.Check the state attorney general
The attorney general's consumer protection office takes complaints and brings enforcement actions. Find yours through the National Association of Attorneys General. The FTC adds one caution: no complaints on file is not proof of legitimacy.Search the CFPB Consumer Complaint Database
The CFPB database is public and searchable by company name. Read the narratives, not just the count — a pattern of "fees charged before settlement" or "could not withdraw my money" maps directly onto the rights above.For a counselor: the U.S. Trustee list and outside certification
The U.S. Trustee Program list covers agencies approved to provide pre-bankruptcy counseling. It is not an endorsement, but it is a federal vetting step a for-profit settlement company cannot pass. The FTC also suggests choosing an agency whose counselors are certified by an outside body; the two main U.S. membership networks for nonprofit agencies are the NFCC and the FCAA.
What are the red flags that end the conversation?
Short answer
The CFPB and FTC publish nearly the same list. Any fee before a settlement. A promised percentage or guaranteed savings. A "new government program." A guarantee the debt will disappear. An instruction to stop talking to creditors. A claim it can stop all collection calls and lawsuits. "Pennies on the dollar." Any one of these is enough.
- Paying anything — enrollment, setup, monthly, or subscription — before a debt is actually settled and paid on.
- Accepting a savings estimate that excludes fees, excludes dropouts, or counts interest added after enrollment; the FTC's substantiation rules forbid all three.
- Believing a company can stop a lawsuit, garnishment, or collector; only paying, settling, or a bankruptcy filing does that.
- Treating a five-star review count as verification; reviews are not a license, an attorney general record, or a complaint database.
- Confusing a for-profit company that uses the words credit counseling with a nonprofit agency that actually is one.
- Signing before hearing the words Form 1099-C.
The 1099-C note no sales call leads with
When a creditor forgives $600 or more, it generally reports the canceled amount to the IRS on Form 1099-C. The forgiven amount counts as ordinary income for that year unless an exclusion applies. The main exclusion outside bankruptcy is insolvency: owing more than everything you own on the day of cancellation. It is claimed on Form 982. The FTC lists telling customers about tax consequences as a best practice for these companies. A company that never raised it has not met that bar. See IRS Topic 431 and a tax professional before signing.
What if the company already broke the rule?
Short answer
Stop payments to it if you can, get every document it holds about you, and report it to the FTC, the CFPB, and your state attorney general. Because the dedicated account is yours by law, the balance minus lawfully earned fees is owed back within seven business days of asking. Any creditor lawsuit that started during the program still runs on the court's clock, not the company's.
Reports go to ReportFraud.ftc.gov, the CFPB complaint portal, and the state attorney general. If a creditor sued during the program, the summons deadline comes before anything on this page — see being sued for a debt.
When to talk to a professional
When to talk to a professional
A nonprofit credit counselor can review a budget and say whether any paid program is needed at all; a first session is commonly free. A consumer attorney is the right call if a company has taken fees it was not entitled to, refused to return a dedicated-account balance, or if any creditor has sued. A tax professional can assess Form 1099-C exposure before a settlement is signed. Free legal help may be available through legal aid.
Frequently asked questions
Are debt relief companies legitimate?
Some operate lawfully within the federal rule; some do not. The test is behavior: no fee before a settlement, a dedicated account in your name, full disclosures before sign-up, and no guarantees. A company that fails any of those is outside the law regardless of its ratings.
Is there a government list of approved debt relief companies?
No. The only federal list in this area is the U.S. Trustee Program's list of nonprofit agencies approved for pre-bankruptcy counseling, which is a different service. Any company claiming to be government-approved for debt settlement is describing something that does not exist.
Can a debt relief company charge a monthly fee?
Not before it has settled at least one debt that you agreed to and paid on. After that, it can collect only the share of its fee tied to the debt actually settled. A recurring fee that starts at enrollment is a violation, whatever it is called.
Do I own the money in the dedicated savings account?
Yes. Under the rule, the funds and any interest are yours. The account must be at an insured bank and run by an unaffiliated administrator. You can leave the program at any time and receive the balance, minus lawfully earned fees, within seven business days.
Does the rule apply if I contacted the company, not the other way around?
Yes. The 2010 amendments extended the rule to calls consumers place in response to advertising, mail, and online promotions, not just outbound telemarketing. Companies that meet customers face-to-face before sign-up are the main exception.
Will settling through a company create a tax bill?
It can. The tax treatment follows the forgiven dollars, not who negotiated. Canceled debt is generally taxable income unless an exclusion such as insolvency applies, and creditors report amounts of $600 or more on Form 1099-C. A tax professional can determine whether an exclusion applies.
Terms used on this page
Sources
This page is based on the following official and authoritative sources. Always check the source itself for the most current rules.
- Telemarketing Sales Rule, 16 CFR 310.4(a)(5) — advance-fee ban and dedicated-account rules for debt relief services (eCFR)
- IRS — Topic no. 431, Canceled debt: Is it taxable or not? (reviewed 2026-05-14)
- IRS — Instructions for Forms 1099-A and 1099-C (04/2025): $600 reporting threshold
- FTC — Debt Relief Services & the Telemarketing Sales Rule: A Guide for Business (updated 2026-04-09)
- CFPB — What is a debt relief program and how do I know if I should use one? (reviewed 2023-08-28)
- CFPB — What is the difference between credit counseling and debt settlement, debt consolidation, or credit repair? (reviewed 2024-05-15)
- FTC — How To Get Out of Debt (updated 2026-04-27)
- CFPB — Consumer Complaint Database
- National Association of Attorneys General — Find my AG
- DOJ U.S. Trustee Program — Approved credit counseling agencies
Educational information — not advice
This page provides general educational information about credit, debt, and consumer protections. It is not legal advice, financial advice, or credit repair services, and reading it does not create any professional relationship. Laws, procedures, deadlines, and dollar amounts vary by state and change over time.
For advice about your specific situation, consult a licensed attorney or qualified financial professional. See our full disclaimer.
Related guides
- Debt Relief
- Debt Settlement Companies: The RisksHow for-profit debt settlement works, the real risks — lawsuits, credit damage, taxes on forgiven debt — and how it differs from credit counseling.
- Debt Management Plan vs. SettlementHow a nonprofit debt management plan differs from for-profit debt settlement: who runs each, credit impact, fees, taxes, and lawsuit risk.
- Alternatives to Bankruptcy, ComparedDebt management plans, settlement, consolidation, negotiation, and doing nothing yet — how bankruptcy alternatives compare on cost, risk, and credit.
- How to Verify a Credit CompanyFive free ways to verify a credit company before paying it: NMLS Consumer Access, your state attorney general, the CFPB, the BBB, and the state registry.
- Sued for a Debt? Your First 72 HoursServed with a debt lawsuit? Why ignoring it is the costliest mistake, how response deadlines work, what debt buyers must prove, and where to get real help.