CFPB FDCPA – What does the rule say about telephone call frequencies?

Compliance > FDCPA
Q:   What does the rule say about telephone call frequencies?
 
A:   The Debt Collection Rule clarifies the FDCPA’s prohibition on repeated or continuous telephone calls or telephone conversations. Subject to certain exceptions, a debt collector is presumed to violate this prohibition if the debt collector places telephone calls to a person in connection with the collection of a particular debt more than seven times within a seven-day period or places a telephone call within seven days after engaging in a telephone conversation with the person about the particular debt. Conversely, a debt collector is presumed to comply with the prohibition if the debt collector places calls to a person in connection with the collection of a particular debt that are not in excess of either of these telephone call frequencies. The Rule provides a non-exhaustive list of factors that may be used to rebut the presumption of compliance or the presumption of violation. The prohibition on repeated or continuous telephone calls or telephone conversations, the presumptions of compliance and violation, and the factors that may be used to rebut the presumptions are discussed in Section 7.1 of the small entity compliance guide.
 
 
This Q&A was created based on information from the CFPB’s Debt Collection Rule Small Entity Compliance Guide - April 2021 (which may be updated from time to time).  This may be found on the CFPB’s website here:  https://files.consumerfinance.gov/f/documents/cfpb_debt-collection_small-entity-compliance-guide.pdf
 

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