When a debt collector keeps calling, federal law sets limits. A collector generally may not call before 8 a.m. or after 9 p.m. your local time. Under 12 C.F.R. § 1006.14(b), it is presumed to violate the law if it calls a person about one debt more than seven times in seven consecutive days, though some calls are excluded. A consumer can also ask it, in writing, to stop contacting them.
This page explains the federal rules that apply across the United States under the Fair Debt Collection Practices Act (FDCPA). It covers who those rules reach, when and how often a collector may call, what conduct the law prohibits, and the written requests the law gives a consumer.
Who Counts as a Debt Collector Under Federal Law
The FDCPA covers "debt collectors," and it defines the term narrowly. Under 15 U.S.C. § 1692a(6), a debt collector is a person "in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another."
Two other terms matter here. A "consumer" is any natural person obligated or allegedly obligated to pay a debt. A "debt" is an obligation to pay money from a transaction mainly for personal, family or household purposes.
Not every caller about a bill fits the definition. The statute generally excludes a creditor's own officers and employees while they collect for that creditor in the creditor's name. A creditor that collects its own debts under a different name, one that suggests a third party is collecting, is included. Whether a company that bought a debt is a debt collector depends on whether it meets the definition in 15 U.S.C. § 1692a(6). Whether a particular caller is a debt collector depends on the facts.
Once the FDCPA applies, it sets specific rules on when and how a collector may reach a consumer.
When and How Often a Debt Collector May Call
Time and place come first. Under 15 U.S.C. § 1692c(a)(1), a debt collector generally may not communicate with a consumer at an unusual time or place, or at one it knows or should know is inconvenient. That rule gives way if the consumer has given consent directly to the collector or a court has given express permission. Unless the collector knows of circumstances to the contrary, it must assume the convenient hours are after 8 a.m. and before 9 p.m., local time at the consumer's location.
Frequency is handled by Regulation F, the Consumer Financial Protection Bureau's rule carrying out the FDCPA. Under 12 C.F.R. § 1006.14(b), a collector is presumed to violate the law if it calls a particular person about a particular debt more than seven times within seven consecutive days. The same presumption applies if it calls within seven consecutive days after having a telephone conversation with that person about the debt. These are presumptions, not absolute caps, and some calls do not count toward them. Those include calls that never connect and calls placed within seven days after the person gave prior consent directly to the collector.
On calls from different numbers, the regulation counts the calls the collector places to a person about a debt, and its text does not tie that count to any one phone number. The CFPB's page on call frequency adds that calls going to voicemail count. It also says the pattern of calls matters: seven calls all on one day could violate the law.
Conduct the FDCPA Prohibits: Harassment, Abuse, and False Representations
Some conduct crosses a line no matter how many calls are involved. Under 15 U.S.C. § 1692d, a debt collector may not engage in conduct whose natural consequence is to harass, oppress or abuse any person in connection with collecting a debt. The statute's examples include:
- threats of violence
- obscene or profane language
- calls without meaningful disclosure of the caller's identity, except as the statute allows for calls made to locate a consumer
- under 15 U.S.C. § 1692d(5), causing a phone to ring repeatedly or continuously with intent to annoy, abuse or harass anyone at the called number
Under 15 U.S.C. § 1692e, a collector may not use false, deceptive or misleading representations. That includes misstating the character, amount or legal status of a debt, falsely claiming to be an attorney, and threatening action that cannot legally be taken or is not intended.
Under 15 U.S.C. § 1692f, a collector may not use unfair or unconscionable means. One example is collecting any amount that the agreement creating the debt does not expressly authorize and the law does not permit.
Conduct like this may violate these sections. Whether a particular call or letter does depends on what was said, how often and why.
Some calls come about a debt the person has never heard of, for example through a wrong number or a mix-up of names. The harassment rule in 15 U.S.C. § 1692d covers conduct toward "any person" in connection with the collection of a debt, not only people who owe it. Calls to relatives raise separate rules, covered in debt collectors calling family members.
How a Consumer Can Request That a Debt Collector Stop Contacting Them
Federal law gives a consumer a direct way to end the calls. Under 15 U.S.C. § 1692c(c), if a consumer notifies a debt collector in writing that the consumer refuses to pay a debt, or wishes the collector to cease further communication, the collector must stop communicating with the consumer about that debt. The statute allows three exceptions. The collector may still contact the consumer:
- to say its further efforts are being ended
- to say that it or the creditor may invoke specified remedies it ordinarily uses
- where applicable, to say that it or the creditor intends to invoke a specified remedy
If the notice is mailed, it is complete when the collector receives it.
The statute describes a written notice that conveys either a refusal to pay or a wish for contact to stop.
Stopping contact also does not erase a debt. The CFPB explains that a consumer could still owe it, and that a collector may still file a lawsuit or report to a credit reporting company. Whether a debt is owed is a separate question from whether the calls stop.
The Right to Request Debt Validation
A second written right concerns the debt itself. Debt validation is the process by which a collector tells a consumer what debt it is collecting and, if asked, backs that up with verification.
Under 15 U.S.C. § 1692g(a), a debt collector generally must send a written notice within five days after its initial communication. The exceptions are where the initial communication already contained the information or the consumer has paid the debt. The notice must state:
- the amount of the debt
- the name of the creditor to whom it is owed
- that the debt will be assumed valid unless the consumer disputes it within thirty days after receiving the notice
- that a written dispute within that period will lead the collector to obtain verification or a copy of a judgment and mail it to the consumer
- that, on written request within that period, the collector will provide the original creditor's name and address if it is different
Under 15 U.S.C. § 1692g(b), if a consumer disputes the debt in writing within the thirty days, the collector must stop collecting the disputed amount until it mails the consumer verification or a copy of a judgment. A consumer may send that dispute. Not disputing is not an admission of liability, under 15 U.S.C. § 1692g(c).
The validation rules in 15 U.S.C. § 1692g apply to a person who meets the definition of debt collector in 15 U.S.C. § 1692a(6). Whether a debt is legally owed depends on the facts and the applicable law.
Filing a Complaint and What the Law Makes Potentially Available
Two federal agencies are part of this picture. The CFPB's page on harassment by a debt collector says a consumer who believes a collector is harassing them can submit a complaint with the CFPB. The FTC's debt collection FAQs explain federal collection rights and mention reporting a collector as an option. The CFPB's pages on harassment and on stopping contact also describe keeping letters and noting the dates, times and content of calls.
Federal law also provides a civil remedy. Under 15 U.S.C. § 1692k, a debt collector that fails to comply with the FDCPA may be liable for:
- any actual damage the person sustained as a result
- in an individual action, additional damages as the court may allow, not exceeding $1,000
- in a successful action, costs and a reasonable attorney's fee as the court determines
In setting additional damages, the court considers the frequency, persistence and nature of the noncompliance and how far it was intentional. A collector is not liable if it shows the violation was unintentional and resulted from a bona fide error despite procedures reasonably adapted to avoid it. An action must be brought within one year from the date of the violation. More on how these cases work appears under consumer lawsuits under federal law.
Whether any situation violates the law, and what follows, depends on its facts. State law may add protections, and those differ from state to state.
If You'd Like a Consumer Rights Case Review
Whether collection calls violate federal law depends on the facts: the dates and times, what was said, any written request already sent, how the collector responded, and who the caller is under the definition above. This page does not cover credit reporting disputes or lawsuits already filed. For more background, see what consumer rights law covers.
A reader may request a consumer rights case review through Federal Consumer Rights.
