FDCPA Telephone Call Freq. Excluded Calls FAQ 5 – 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?

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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.
 
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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