FDCPA Telephone Call Freq. Excluded Calls FAQ 2 – How long is a consumer’s direct prior consent valid?

Compliance > FDCPA
Q:   How long is a consumer’s direct prior consent valid?
 
A:   For purposes of the telephone call frequency exclusions, the maximum time a consumer’s direct prior consent to additional telephone calls is valid under the Debt Collection Rule is seven days, even if the consumer agrees to a longer period. 12 CFR § 1006.14(b)(3) and Comment 14(b)(3)(i)-2. However, as discussed in Debt Collection Telephone Call Frequency: Excluded Calls Question 1, once the debt collector has a telephone conversation with the consumer regarding the debt, the consumer’s direct prior consent expires. Further, a consumer may revoke their direct prior consent for additional telephone calls at any time. Any calls placed after the consumer’s direct prior consent expires count toward the telephone call frequencies unless an exception applies, or the debt collector obtains new direct prior consent from the consumer. See Debt Collection Telephone Call Frequency: Excluded Calls Question 1 for additional information about the exclusion for direct prior consent and the other circumstances in which a consumer’s direct prior consent may expire.
 
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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