FDCPA Telephone Call Freq. Presumptions FAQ 5 – If a debt collector learns that a number the debt collector previously called is not associated with the consumer, do those calls count …?

Compliance > FDCPA
Q:   If a debt collector learns that a telephone number the debt collector previously called is not associated with the consumer, do those calls count towards the presumptions related to telephone call frequency for the consumer?
 
A:   No. Misdirected calls do not count toward the presumptions related to telephone call frequency for the consumer, since the telephone number is not associated with the consumer and the consumer does not answer telephone calls to that number. Comment 14(b)(2)(i)-3. However, the presumptions related to telephone call frequency, discussed in Debt Collection Telephone Call Frequency: Presumptions Question 1, apply to all persons, not just to the consumer or the person who owes or allegedly owes the debt. 12 CFR § 1006.14(b)(2). Thus, the calls placed do count toward the presumptions related to telephone call frequency for the person who actually received the call attempt.
 
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/
 

Add Feedback