FDCPA Telephone Call Freq. Excluded Calls FAQ 3 – What are some examples of calls that are connected to a dialed number and callas that are not connected to a dialed number?

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Q:   What are some examples of calls that are connected to a dialed number and callas that are not connected to a dialed number?
 
A:   Telephone calls that are not connected to the dialed number are excluded from the telephone call frequencies. 12 CFR § 1006.14(b)(3). Thus, a telephone call counts toward the telephone call frequencies if it connects to a dialed number, unless the call is otherwise excluded as discussed in Debt Collection Telephone Call Frequency: Excluded Calls Question 1.
 
The following are examples of telephone calls that connect to a dialed number:
  • The telephone call causes a telephone to ring at the dialed number, but no one answers the call.
  • The telephone call causes a telephone to ring at the dialed number, but the call does not connect to a voicemail.
  • The telephone call causes a telephone to ring at the dialed number, but the debt collector hangs up before anyone answers the call or the call connects to a voicemail.
  • The telephone call is connected directly to a voicemail, even if the telephone does not ring and even if the debt collector is not able to leave a message.
  • The telephone call is answered, even if the telephone call subsequently drops.
The following are examples of telephone calls that do not connect to a dialed number:
  • The telephone call results in a busy signal or an indication, such as a dial tone or other sound, that the dialed number is not in service.
  • The telephone call results in a message that the call cannot be completed as dialed or the dialed number is out of service.
Comment 14(b)(3)(ii)-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. For more information about the presumptions related to telephone call frequency, see Debt Collection Telephone Call Frequency: Presumptions Question 1. For more information about calls that are excluded from the telephone call frequencies, see Debt Collection Telephone Call Frequency: Excluded Calls 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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