FDCPA Unusual or Inconvenient FAQ 2 – What does the Debt Collection Rule define as an inconvenient or unusual time?

Compliance > FDCPA
Q:  What does the Debt Collection Rule define as an inconvenient or unusual time?
 
A:   (UPDATED 7/27/2022)
 
In the absence of the debt collector’s knowledge of circumstances to the contrary, an inconvenient time for communicating with a consumer is before 8:00 a.m. and after 9:00 p.m. local time at the consumer’s location. If a debt collector has conflicting or ambiguous information regarding a consumer’s location, the debt collector complies if the debt collector communicates or attempts to communicate with the consumer at a time that would be convenient in all of the locations at which the debt collector’s information indicates the consumer might be located. Comment 6(b)(1)(i)-2.
 
For purposes of determining the time of an electronic communication, an electronic communication or electronic attempt to communicate occurs at the time that the debt collector sends it, not, for example, at the time that the consumer receives or views it. Comment 6(b)(1)(i)-1.

For more information on the prohibition on communicating at unusual or inconvenient times or places, see Debt Collection Unusual or Inconvenient Times or Places Questions 1 and 3 and Section 4.1 in the Debt Collection Small Entity Compliance Guide. For more information on the exception to this prohibition, see Debt Collection Unusual or Inconvenient Times or Places Question 5 and Section 4.4 in the Debt Collection Small Entity Compliance Guide.
 
 
ADDITIONAL INFORMATION:
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/#validation-information

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