FDCPA Telephone Call Freq. Excluded Calls FAQ 1 – Are certain telephone calls excluded from the presumptions related to telephone call frequency?

Compliance > FDCPA
Q:   Are certain telephone calls excluded from the presumptions related to telephone call frequency?
 
A:   Yes. Under the Debt Collection Rule, certain telephone calls are excluded from the telephone call frequencies. A telephone call placed to a person does not count toward the telephone call frequencies if the telephone call is:
  • Placed with direct prior consent. A person’s prior consent must be given directly to the debt collector and the calls must be placed within a period no longer than seven consecutive days after receiving the direct prior consent. That is, if a person gives direct prior consent for additional telephone calls about a particular debt to a debt collector, any telephone calls that the debt collector thereafter places to the person about that particular debt do not count toward the telephone call frequencies for a period of up to seven consecutive days. A person’s direct prior consent may also expire before the end of the seven-consecutive-day period. A person’s direct prior consent expires when any of the following occur: (1) the person consents to telephone calls in excess of the telephone call frequencies for a period of less than seven days and such period has ended; (2) the person revokes such direct prior consent; or (3) the debt collector has a telephone conversation with the person regarding the particular debt. Comments 14(b)(3)(i)-2 and -3.
  • Not connected to the dialed number. A debt collector’s telephone call does not connect to the dialed number if, for example, the debt collector receives a busy signal or an indication that the dialed number is not in service.
  • Placed to certain permitted third parties. These parties include: a consumer’s attorney, the creditor, the creditor’s attorney, the debt collector’s attorney, or a consumer reporting agency (if otherwise permitted by law).
12 CFR § 1006.14(b)(3).
 
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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