FDCPA Telephone Call Freq. Rebutting Presumptions FAQ 3 – If a debt collector places a payment reminder call that exceeds the telephone call frequencies, can the debt collector rebut the presumption of a violation?

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Q:   If a debt collector places a payment reminder call that exceeds the telephone call frequencies, can the debt collector rebut the presumption of a violation?
 
A:   It depends. A payment reminder call that exceeds either the “call frequency prong” or the “conversation frequency prong” of the presumptions related to call frequency discussed in Debt Collection Call Frequency: Presumptions Question 1, is presumed to violate the prohibition against repeated or continuous telephone calls or conversations. However, a debt collector could try to rebut the presumption of a violation by showing through evidence that it placed the payment reminder call to alert the consumer about a demonstrably negative effect relating to the collection of the particular debt that was not within the debt collector’s control, such as a late fee that only the creditor may waive, and that time was of the essence. Comment 14(b)(2)(ii)-2.iv.B. See Debt Collection Telephone Call Frequency: Rebutting the Presumptions Question 2 for more information about the “consumer benefit calls” factor.
 
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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