The FDCPA prohibits debt collectors from calling your cellphone in certain situations.
By Kathleen Michon, Attorney|Updated By Amy Loftsgordon, Attorney
The Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. § 1692 and following) is a federal law that limits what bill collectors can—and can't—do when attempting to collect debts from consumers. For the most part, it applies to debt collectors only, not to the original creditor collecting its own debt, and it usually doesn't apply to the collection of business debts.
To protect debtors from harassing phone calls and communications, the FDCPA prohibits debt collectors from making certain types of communications. Several of these provisions make it risky for collectors to call consumer debtors on their cellphones.
The FDCPA Prohibits Communications at Inconvenient Places
The FDCPA expressly states that debt collectors can't communicate with consumer debtors at an unusual time or place, or a time or place that the debt collector knows, or should know, is inconvenient. (15 U.S.C. § 1692c).
Because of cellphones' mobile nature, when a collector calls you on your cellphone, the collector doesn't know where you are. If you're at a place where it's inconvenient for you to receive collection calls, then the collector has violated the FDCPA. For example, if the collector calls your mobile phone while you're at work, it might be a violation of the FDCPA. Similarly, other places and times might be inconvenient. A collector who calls your cell while you're attending a funeral, or teaching a college class, could be violating the FDCPA.
A conscientious debt collector can avoid some of the risk by immediately telling you who is calling and asking if it is convenient to talk.
Causing the Debtor to Incur Charges by Concealing the "True Purpose" of the Call
Another provision of the FDCPA prohibits debt collection agencies from causing you to incur charges or costs by hiding the true purpose of the call. (15 U.S.C. § 1692f). Originally, this provision applied to things like collect calls and telegrams. However, today, it can also be applied to many people's cellphones if they'll incur usage charges for the call. If it's not clear from the caller ID information or phone number that the call is from a debt collector, then the collector would be concealing the "true purpose" of the call—which is debt collection.
Unless the consumer is very familiar with the debt collector's phone number or name from prior calls, it's unlikely that most consumers will know they are getting a call from a collector on their cellphone.
What If the Bill Collector Violates the FDCPA by Calling You on Your Cellphone?
If the bill collector keeps calling your cellphone, particularly after you've given notice that it's not a convenient time or place to take the calls, or that you're incurring usage charges for the calls, you can sue the collector in small claims court for damages.
Talk to a Lawyer
If you think a debt collector has violated the FDCPA when trying to collect a debt from you, consider talking to an attorney who can analyze your situation and advise you about your rights and options under the law.
As someone deeply immersed in consumer rights and legal frameworks like the Fair Debt Collection Practices Act (FDCPA), I've spent considerable time understanding its nuances and implications. The FDCPA is a federal law that significantly shapes how debt collectors interact with consumers. It delineates the dos and don'ts for debt collection, aiming to prevent harassment and ensure fair treatment of debtors.
In the realm of the FDCPA, one critical facet restricts debt collectors from making calls to a debtor's cellphone in certain scenarios. This prohibition stems from various provisions outlined in the Act:
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Communications at Inconvenient Places: The FDCPA explicitly bars debt collectors from contacting consumers at inconvenient times or places. Cellphones' mobility raises concerns, as collectors may inadvertently call at inconvenient locations. For instance, calling during work hours or crucial personal events like a funeral or a class could constitute a violation.
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Concealing the True Purpose of the Call: Another provision prevents collectors from causing debtors to incur charges by concealing the true purpose of the call. If the caller ID or phone number doesn't clearly indicate it's a debt collection attempt, it may breach this provision, especially if the debtor incurs charges unknowingly.
Should a debt collector persistently violate these provisions by calling a cellphone despite being informed of inconvenience or causing charges, the FDCPA empowers the debtor to take legal action. This could involve suing the collector in small claims court to seek damages for the violations.
Consulting with an attorney well-versed in consumer protection laws like the FDCPA is pivotal if a debtor suspects violations. Legal expertise helps analyze the situation, elucidates rights, and explores available options under the law.
The FDCPA's prominence in consumer protection aligns with related legal areas like bankruptcy. Understanding bankruptcy options, such as Chapter 7 and Chapter 13 bankruptcy, and working with a specialized lawyer can also be part of navigating debt-related challenges within the legal framework.
I hope this breakdown illuminates the key aspects of the FDCPA and its implications for consumers dealing with debt collectors.
