Debt collection calls can create stress, especially when they occur repeatedly or involve aggressive communication.
Federal laws regulate certain debt collection practices and telephone technologies. The Fair Debt Collection Practices Act (FDCPA) protects consumers against specified abusive, deceptive, and unfair practices by covered debt collectors.
The TCPA may also apply when collection calls use restricted automated dialing equipment or artificial or prerecorded voices.
Understanding the differences between these laws is important because each establishes separate requirements and remedies.
When debt collection calls violate federal law
Debt collectors may contact consumers about legitimate unpaid obligations.
However, covered collectors must follow federal restrictions concerning the timing, frequency, and manner of their communications.
A legitimate debt does not give a collector unlimited authority to contact someone.
The seven-call debt collection rule
Regulation F establishes a rebuttable presumption concerning excessive telephone communications by covered debt collectors.
Generally, calling more than seven times within seven consecutive days about a particular debt creates a presumption of violation.
A separate presumption may apply when a collector calls within seven days after a telephone conversation concerning that debt.
These rules include important exceptions and are not absolute limits applicable to every situation.
The number of debts and other circumstances may affect the analysis.
Calls intended to harass or intimidate
The FDCPA prohibits covered debt collectors from engaging in conduct intended to harass, oppress, or abuse consumers.
Repeated calling with an improper purpose may violate these restrictions.
Threats, abusive language, and certain misleading representations can also raise legal concerns.
The law generally applies to covered debt collectors, not automatically to every original creditor collecting its own accounts.
Other federal or state laws may apply to original creditors.
When debt collection robocalls raise TCPA concerns
Some collection operations use prerecorded messages or automated calling equipment.
Certain communications to mobile phones require prior express consent, subject to applicable exceptions.
The nature of the technology and the consent history can determine whether a TCPA claim exists.
What happens after consent is revoked?
Consumers may be able to revoke consent to certain automated communications through reasonable methods.
The business must comply with applicable revocation requirements.
A clear written request can provide useful documentation.
However, revoking TCPA consent does not necessarily prevent every lawful debt collection communication.
Different legal rules govern different methods of contact.
Local spotlight: State debt collection laws may offer additional rights
Some states regulate collection practices beyond federal requirements.
These laws may cover additional businesses, establish different restrictions, or provide separate remedies.
Consumers should consider the rules applicable to their jurisdiction.
State protections can be especially relevant when the caller is an original creditor rather than a third-party collection agency.
Understanding compensation for collection violations
The FDCPA allows qualifying consumers to seek actual damages and additional statutory damages of up to $1,000 in an individual action.
Attorney fees and costs may also be available under the statute.
TCPA damages operate differently.
Certain TCPA violations allow $500 per actionable violation, with potential enhanced damages.
Consumers should not assume that every collection call creates claims under both laws.
Common questions around debt collection call violations
Can a debt collector call more than seven times in one week?
Doing so about a particular debt may create a rebuttable presumption of an FDCPA violation, subject to applicable exceptions.
Can collection agencies use prerecorded messages?
Some communications may be permitted. Others require consent or must satisfy applicable exceptions.
Can I sue if the collector calls about someone else's debt?
Potentially, depending on the communication and applicable law.
Do debt collectors have to stop calling after a written request?
Covered collectors generally must follow FDCPA cease-communication requirements, subject to specified exceptions.
How long do I have to file an FDCPA lawsuit?
FDCPA claims generally must be filed within one year of the violation.
