FDCPA Telephone Call Freq. Presumptions FAQ 1 – What are the presumptions related to telephone call frequency?

Compliance > FDCPA
Q:   What are the presumptions related to telephone call frequency?
 
A:   Under the Debt Collection Rule, a debt collector is presumed to comply with the prohibition against repeated or continuous telephone calls or conversations if the debt collector places a telephone call to a particular person in connection with the collection of a particular debt neither:
  • More than seven times within seven consecutive calendar days [“call frequency prong”]; nor
  • Within a period of seven consecutive calendar days after having had a telephone conversation with the person in connection with the collection of such debt [“conversation frequency prong”].
For the presumption of compliance to apply, the debt collector must not exceed either prong of the standard.
 
12 CFR § 1006.14(b)(2)(i).
 
Conversely, a debt collector is presumed to violate the prohibition against repeated or continuous telephone calls or conversations if the debt collector places a telephone call to a particular person in connection with the collection of a particular debt:
  • More than seven times within seven consecutive calendar days [“call frequency prong”]; or
  • Within a period of seven consecutive calendar days after having had a telephone conversation with the person in connection with the collection of such debt [“conversation frequency prong”].
The presumption of a violation applies if the debt collector exceeds one or both prongs of the standard.
 
12 CFR § 1006.14(b)(2)(ii).
 
The term particular debt means each of a consumer’s debts in collection, except in the case of student loan debt. 12 CFR § 1006.14(b)(4). For more information about the definition of particular debt as it applies to student loan debt, see Section 7.1.1 in the Debt Collection Small Entity Compliance Guide. In addition, certain telephone calls are excluded from the presumptions related to telephone call frequency. 12 CFR § 1006.14(b)(3). For more information about excluded telephone calls, see Debt Collection Telephone Call Frequency: Excluded Calls Question 1.
 
For more information about the prohibition against repeated or continuous telephone calls or conversations, see Section 7 in the Debt Collection Small Entity Compliance Guide.
Updated October 1, 2021
 

 
This Q&A was created based on information from CFPB’s website (which may be updated from time to time) that provides Debt Collection Rule FAQs.  This information may be found on CFPB’s website here:  https://www.consumerfinance.gov/compliance/compliance-resources/other-applicable-requirements/debt-collection/debt-collection-rule-faqs/
 

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