FDCPA Unusual or Inconvenient FAQ 7 – If a consumer tells a debt collector that Fridays are inconvenient, but later contacts a debt collector on a Friday, can the debt collector respond on the following Friday…?

Compliance > FDCPA
Q:  If a consumer tells a debt collector that Fridays are inconvenient, but later contacts a debt collector on a Friday, can the debt collector respond on the following Friday under the limited exception for responding to consumer- initiated contact at a time or place the consumer previously designated as inconvenient?
 
A:   (UPDATED 7/27/2022)
 
No. In this example, the debt collector can only respond to the consumer on the same Friday that the consumer contacted the debt collector under the limited exception for responding to consumer-initiated contact at a time or place the consumer previously designated as inconvenient.

There is a limited exception for responding to consumer-initiated contact that states that, if a consumer initiates a communication with a debt collector at an inconvenient time or place (whether presumptively inconvenient or that the consumer previously designated as inconvenient), the debt collector does not violate the prohibition on communicating at inconvenient times or places if the debt collector responds once at that time or place through the same medium of communication used by the consumer. 12 CFR § 1006.6(b)(1); Comment 6(b)(1)-2. In this scenario, the consumer designated Fridays as inconvenient and then contacted the debt collector on a Friday. While the debt collector could respond to the consumer’s contact on that particular Friday, responding to the consumer’s contact the following Friday would not meet the limited exception unless the consumer previously had designated Fridays in general as no longer inconvenient.

For more information on the prohibition on communicating at unusual or inconvenient times and places, see Debt Collection Unusual or Inconvenient Times or Places Questions 1-3 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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