FDCPA Telephone Call Freq. Presumptions FAQ 2 – Do incoming telephone calls from a consumer to a debt collector about a debt count for purposes of the “call frequency prong” of the presumptions related to telephone call frequency?

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Q:   Do incoming telephone calls from a consumer to a debt collector about a debt count for purposes of the “call frequency prong” of the presumptions related to telephone call frequency?
 
A:   No. When a consumer places a telephone call to a debt collector, that telephone call is not a telephone call placed by the debt collector. Therefore, that telephone call is not included when determining whether the debt collector complied with the “call frequency prong” of the presumptions related to telephone call frequency. 12 CFR § 1006.14(b)(2). For more information about the “call frequency prong” of the presumptions related to telephone call frequency, see Debt Collection Telephone Call Frequency: Presumptions Question 1.
 
However, if a debt collector has a conversation with the consumer about a debt (no matter which party initiated the call), and the debt collector then places a telephone call to the consumer to discuss the same debt within the next seven days, the debt collector is presumed to violate the “conversation frequency prong” of the presumptions related to telephone call frequency, unless an exception applies. 12 CFR § 1006.14(b)(2)(ii). See also Comment 14(b)(4)-1. For more information about the “conversation frequency prong” of the presumptions related to telephone call frequency, see Debt Collection Telephone Call Frequency: Presumptions 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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