Skip to content

Free to read. No paid listings. Not advice. How this site works

Debt settlement fees: what the law allows

A debt relief company that sells by phone cannot charge you up front. Here is exactly when it can, and how much of the fee each settled debt may carry.

1 debt
Settled under a deal you signed, first
1 payment
Made by you under that deal, first

16 CFR 310.4(a)(5), read Oct 2, 2026. See source

A woman reads a letter thoughtfully by a window.
On this page
  1. The advance-fee rule
  2. How the proportional split works
  3. The risks the CFPB lists
  4. Free alternatives first
  5. One provider's published terms
  6. Sources

The advance-fee rule

The Telemarketing Sales Rule, at 16 CFR 310.4(a)(5), bars a seller or telemarketer of debt relief services from requesting or receiving any fee until three things are true1:

1. It has renegotiated, settled, reduced or otherwise changed the terms of at least one debt under a settlement agreement, debt management plan or other valid contract that you signed.

2. You have made at least one payment under that agreement.

3. If debts are settled one at a time, the fee for each is either a share of the total fee in proportion to that debt's enrolled amount, or a fixed percentage of the amount saved on it (the same percentage for every debt)1.

The rule does let a company require you to put money into a dedicated account for its fees and for payments to creditors, under conditions set out in the rule1. The CFPB notes you might be charged fees for that account2.

How the proportional split works

An illustration with $15,000 enrolled across two cards.

DebtEnrolled amountShare of total fee
Card A1$6,0006,000 / 15,000 = 40%
Card B1$9,0009,000 / 15,000 = 60%

Arithmetic illustration of the proportional method in 16 CFR 310.4(a)(5)(i)(C)(1): settling Card A alone allows at most 40% of the total fee. Not a quote from any company.

The risks the CFPB lists

  • Expensive fees

    Settlement companies often charge expensive fees, and the dedicated account may carry its own2.

  • Late fees and collection

    Stopping payments brings late fees, penalty interest, collection and possibly a lawsuit2.

  • Partial results

    Some creditors refuse to deal, and penalties on unsettled debts can wipe out the gains2.

  • Credit and taxes

    Credit scores usually suffer, and forgiven debt may count as taxable income2.

Free alternatives first

The CFPB suggests considering a nonprofit credit counselor, negotiating directly with creditors, or talking to a bankruptcy attorney2.

One provider's published terms

How these links work: each button opens the provider's own site and earns us nothing today. This site is not a lender, insurer, broker or adviser.

Sources

  1. 16 CFR 310.4(a)(5), Telemarketing Sales Rule, debt relief serviceseCFR (Office of the Federal Register), read Oct 2, 2026
  2. What is a debt relief program and how do I know if I should use one?Consumer Financial Protection Bureau, read Oct 2, 2026

About this page

We do not earn anything from applications or sign-ups today: every provider link is a plain link to the provider's own site, without a referral code. This site is not a lender, insurer, broker or adviser, and nothing here is financial advice.

OweLess Guide is also not a debt settlement company or credit repair organization, and nothing here is tax or legal advice.

Fees, prices and program terms belong to each provider and can change. The provider's own page is the final word, and the provider decides every application.