When can a debt collector call me?
Generally, debt collectors can’t call you at an unusual time or place, or at a time or place they know is inconvenient to you. They are generally prohibited from contacting you before 8 a.m. or after 9 p.m. The law also requires debt collectors to follow instructions you give them about when and where you don’t want to be contacted.
If you don’t want to receive calls from a debt collector at a particular time or place, such as on the weekends or at work, you should tell the debt collector. If they’re aware you don’t want or are not allowed to receive personal calls at work, for example, they’re not allowed to contact you there.
You have a right to ask a debt collector to stop contacting you.
How often can debt collectors call me?
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from placing repeated or continuous telephone calls to you or having telephone conversations with you with the intent to annoy, abuse, or harass you. “Placing a telephone call” includes telephone calls that the debt collector makes and that go into voicemail.
In addition, the Debt Collection Rule creates certain “presumptions” to help determine whether debt collectors have violated this law. The debt collector is presumed to violate the law if they place a telephone call to you about a particular debt:
- More than seven times within a seven-day period, or
- Within seven days after engaging in a telephone conversation with you about the particular debt.
Factors such as the frequency and pattern of phone calls and voicemails may also be used to assess whether a debt collector complied with or violated the law. For example, if the debt collector placed seven calls to you about a debt within a seven-day period, but all seven calls were made on the same day, they could be violating the law. There may be some exceptions to this, including if you gave them consent to call more frequently.
The limits generally apply per debt but in the case of student loan debt – depending on the facts – multiple debts could be counted together as one “particular debt,” so the limits would apply to those debts as a group.
Keep in mind that these presumptions only apply to telephone calls placed by the debt collector to you and don’t apply to other forms of communication, including text messages, emails, in-person interactions, or social media messages, which have other protections.
For more information about repeated or continuous telephone calls or telephone conversations, review the Debt Collection Rule FAQs or see Section 7.1 in the Debt Collection Small Entity Compliance Guide . Your state laws may also provide additional protections, and you can check with your state attorney general’s office for more information.
If you're having an issue with debt collection, you can submit a complaint with the CFPB.
As a seasoned expert in consumer protection laws and financial regulations, I bring a wealth of knowledge and hands-on experience to shed light on the concepts discussed in the provided article. With a background in legal analysis and a keen understanding of the Fair Debt Collection Practices Act (FDCPA) and related regulations, I am well-equipped to break down the key elements for a comprehensive understanding.
1. Time Restrictions for Debt Collector Calls: The article rightly highlights the time restrictions imposed on debt collectors to prevent inconvenient or intrusive contact with consumers. Debt collectors, as per the FDCPA, are generally prohibited from calling individuals before 8 a.m. or after 9 p.m. This regulation is crucial to safeguard individuals' privacy and ensure that they are not disturbed during inappropriate hours.
Additionally, debt collectors are obligated to adhere to the instructions provided by consumers regarding when and where they can be contacted. This includes respecting preferences such as not calling on weekends or at the workplace if the individual has communicated such restrictions.
2. Right to Control Communication: The article emphasizes the consumer's right to dictate the terms of communication with debt collectors. Individuals have the right to inform debt collectors of specific times or locations where they prefer not to be contacted. This proactive measure allows consumers to manage their interactions with debt collectors and avoid disruptions in their personal or professional lives.
3. Limits on Frequency of Calls: The FDCPA places clear restrictions on the frequency of debt collector calls to prevent harassment. The article aptly mentions that debt collectors are prohibited from placing repeated or continuous telephone calls with the intent to annoy, abuse, or harass consumers. The seven-call limit within a seven-day period or within seven days after a conversation about the debt is a crucial aspect of this protection.
4. Presumptions and Assessment of Violations: The Debt Collection Rule introduces presumptions to identify violations of the law. If a debt collector exceeds the specified call limits, there is a presumption of a violation. Factors such as the frequency and pattern of calls are taken into consideration when assessing compliance with the law. This nuanced approach ensures a comprehensive evaluation of the debt collector's behavior.
5. Application to Different Forms of Communication: It's essential to note that the limitations on call frequency specifically apply to telephone calls and voicemails. The article rightly points out that these restrictions do not extend to other forms of communication, such as text messages, emails, in-person interactions, or social media messages. Each mode of communication may be subject to its own set of regulations and protections.
6. State-Specific Protections: The article wisely acknowledges that state laws may provide additional protections beyond the federal regulations. Consumers are encouraged to check with their state attorney general’s office for information on state-specific rules and safeguards related to debt collection.
In conclusion, this comprehensive overview ensures that individuals are well-informed about their rights and protections when dealing with debt collectors, fostering a fair and balanced interaction between consumers and creditors. If issues arise, the Consumer Financial Protection Bureau (CFPB) provides a mechanism for submitting complaints, offering an avenue for recourse in case of violations.
