Q: Is a debt collector’s return telephone call responding to a consumer’s inquiry about settling the consumer’s debt excluded from the presumptions related to telephone call frequency?
A: Depending on the facts and circumstances surrounding the return call, the call may be an excluded call if it is placed with the consumer’s direct prior consent, as discussed in Debt Collection Telephone Call Frequency: Excluded Calls Question 1
. 12 CFR § 1006.14(b)(3) and Comment 14(b)(3)(i)-2. For example, if the consumer’s inquiry provided direct prior consent, the return telephone call was placed by the debt collector within seven days of the consumer’s inquiry, and the consent has not otherwise expired, the debt collector’s return call is excluded from the telephone call frequencies.
Updated October 1, 2021