FDCPA Telephone Call Freq. Presumptions FAQ 3 – Does the prohibition against repeated or continuous telephone calls or conversations apply to other media types, such as electronic messages that may be received on a mobile phone?

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Q:   Does the prohibition against repeated or continuous telephone calls or conversations apply to other media types, such as electronic messages that may be received on a mobile phone?
 
A:   No. The prohibition against repeated or continuous telephone calls or conversations only applies to telephone calls; it does not apply to other media types, such as text messages, email, in-person interactions, or social media. Because the prohibition against repeated or continuous telephone calls or conversations does not apply to media other than telephone calls, the presumptions related to telephone call frequency discussed in Debt Collection Telephone Call Frequency: Presumptions Question 1 do not apply to media other than telephone calls. Comment 14(b)-1.
 
However, a debt collector’s conduct using any media, such as in-person interactions, telephone calls, audio recordings, paper documents, mail, email, text messages, and social media, including the cumulative effect of the debt collector’s conduct across multiple media types, may still violate the general prohibition against harassing, oppressive, or abusive conduct. 12 CFR § 1006.14(a).
 
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. For more information about the presumptions related to telephone call frequency, see Debt Collection Telephone Call Frequency: Presumptions Question 1.
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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