A debt collector is presumed to violate the law if they call you about a particular debt more than seven times within a seven-day period, or within seven days after a phone conversation with you about that debt. The Consumer Financial Protection Bureau (CFPB) says the frequency and pattern of calls can also matter, and there may be exceptions.
What to have in front of you
If you are reviewing calls from a debt collector, it may help to have:
- The dates and times of the calls.
- Any voicemails from the collector.
- Details about which debt the calls were about.
- Any instructions you gave the collector about when or where not to contact you.
- Any consent you gave the collector to call more frequently.
How often can a collector call?
The Fair Debt Collection Practices Act prohibits repeated or continuous telephone calls made with the intent to annoy, abuse, or harass you. It also prohibits telephone conversations with that intent. This protection also concerns others who share your phone number.
The Debt Collection Rule sets out presumptions that help determine whether a collector has violated the law. A collector is presumed to violate the law if they place a call to you about a particular debt:
- More than seven times within a seven-day period, or
- Within seven days after having a phone conversation with you about that particular debt.
A call that goes to voicemail counts as a call placed by the collector.
The CFPB says there may be exceptions. For example, an exception may apply if you gave the collector consent to call more frequently.
The pattern of calls matters too
The number of calls is not the only factor the CFPB describes. The frequency and pattern of calls and voicemails may also be used to assess whether a collector complied with or violated the law.
For example, a collector could be violating the law if they place seven calls about a debt within a seven-day period and make all seven calls on the same day.
If you are looking at calls you received, notice both how many there were and when they came. Voicemails are relevant because calls that go to voicemail count as calls placed.
Do the limits apply to each debt?
The limits generally apply per debt. The CFPB describes the call presumptions in terms of a “particular debt.”
Student loan debt can be different. Depending on the facts, multiple student loan debts could be counted together as one particular debt. In that case, the limits would apply to those debts as a group.
If you are reviewing calls about more than one debt, the debt each call concerned is part of the information to have in front of you.
What times can a collector call?
Generally, debt collectors are prohibited from contacting you before 8 a.m. or after 9 p.m. They also generally cannot call at an unusual time or place, or at a time or place they know is inconvenient to you.
The law requires collectors to follow instructions you give them about when and where you do not want to be contacted. If a particular time or place is inconvenient, the CFPB says to tell the collector. For example, you can tell them if you do not want calls on weekends or at work.
If the collector knows you do not want personal calls at work, or that you are not allowed to receive them there, they are not allowed to contact you there.
What can you do about the calls?
You have a right to ask a debt collector to stop contacting you. You can also tell the collector about particular times or places where you do not want to be contacted.
If you are having an issue with debt collection, the CFPB says you can submit a complaint with the CFPB. Your state laws may provide additional protections. You can check with your state attorney general’s office for more information.
If you received a letter about the debt, you can paste it into the Clarify Help box on the home page.
What about other kinds of messages?
The call presumptions apply to telephone calls placed by the debt collector to you. They do not apply to other forms of communication, including text messages, emails, in-person interactions, or social media messages. The CFPB says those communications have other protections.
For more information about repeated or continuous calls or conversations, the CFPB points to its Debt Collection Rule FAQs and Section 7.1 of its Debt Collection Small Entity Compliance Guide.
Where this comes from
Consumer Financial Protection Bureau: When and how often can a debt collector call me on the phone?