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.
Updated October 1, 2021