- Lemberg Law
- FDCPA – Debt & Credit Complaints
- Debt Collection FAQ’s
- How Many Times Can a Debt Collector Call You?
Under the law, it’s not only the number of times a debt collector calls that matters. It is also how often they call. Multiple calls without leaving a message isn’t considered harassment, but attempting to speak with you within 7 days of a telephone conversation is.
The Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) protect you from an unreasonable number of debt collection calls. And the Consumer Financial Protection Bureau’s (CFPB) Debt Collection Rule specifies how many calls are too many.
Does the TCPA restrict certain types of debt collection calls?
Yes, it does. This law strictly limits pre-recorded messages, texts, and robocalls that:
- Are made without your prior written consent to the business.
- Are made between the hours of 8:00 a.m. and 9:00 p.m.
- Do not provide the name of the caller and identify the business.
- Do not provide a contact phone number or address
- Do not provide an automatic opt-out mechanism.
Therefore, the first call of this type that you receive is one too many and constitutes harassment.
How many times can a debt collector call before it’s harassment?
The FDCPA prohibits debt collectors from engaging in conduct that has the natural consequence of harassing, oppressing, or abusing you. The Act recognizes that making your phone ring repeatedly or continuously in order to annoy, harass, or abuse you to be a violation of this prohibition. This conduct is also prohibited by the debt collection statutes of many states.
Under the CFPB’s new Debt Collection Rule, debt collectors are presumed to have violated the law if they call you about a particular debt:
- More than seven times in seven days
- Within seven days of a phone conversation about the debt
If you have more than one debt, debt collectors may call you seven times in seven days about each debt. Additionally, because this rule only applies to telephone calls, they can contact you via text messages, emails, social media, and in person. There are, though, other protections covering these forms of communication.
How Can You Identify Harassment by a Debt Collector?
In addition to the frequency rules that relate to how many calls may be made by debt collectors, there are clear guidelines regarding harassment during calls. These include:
- Repetitious calls that intentionally annoy, harass, or aim to abuse you or anyone else who answers your phone
- Profane or obscene language
- Threats of violence or an intention to harm you
- Calling you without identifying who they are
Additional guidance comes from the Federal Trade Commission (FTC), the governmental agency responsible for enforcing the FDCPA. The FTC defines the terms “continuously” and “repeatedly” in its regulations. “Repeatedly” is defined as “calling with excessive frequency under the circumstances,” and “continuously” means “a series of collection calls, one right after another.”
The application of these definitions and a determination of whether a debt collector has violated the prohibition against repeated or continuous calls requires a case-by-case analysis and depends on the totality of the circumstances. In determining whether a debt collector’s frequent calls rise to the level of “repeated,” “continuous,” “annoying,” or “harassing,” courts will look at all of the surrounding circumstances including both the volume and pattern of the calls.
Here are some factors that a judge may consider when deciding whether a debt collector “repeatedly and continuously” called to harass you:
- Calls after receiving a cease and desist request
- Calls after learning you have an attorney
- Calls to your work phone
- Hostile or threatening calls
- Repeated back-to-back calls in a short period of time
- Calls that violate other provisions of the TCPA or FDCPA
Also, read more about Massachusetts Two-call Per Week Law
What are my options if a collector harasses me?
The Debt Collection Rule states that if debt collectors call debtors more often than allowed, they are violating the law. So, if you are being harassed with repeated or continuous calls by debt collectors, you probably have legal remedies available to you under the FDCPA or TCPA. Contact our experienced debt collection harassment team today to set up a consultation to determine your legal options. You can complete our online form or call us at 475-277-2200.
Have questions? Call us now at 475-277-2200 for a Free Case Evaluation.
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Credit one is harassing me daily to the tune of 11 calls per day 7 days a week. Well more than the allowed 7 a week. I’ve asked them to stop harassing me and to stop calling me to no avail.
Credit One, constantly calls back-to-back with different numbers each time. I have received a total of 15 calls within a 7-hour period. They call extremely early as 7 am and the latest 9 pm. I’ve answered and spoke to a customer service rep and explained that I lost my job however I had just spoke to his colleague the day before, in which he stated he did not know that. Then he proceeds to ask me to make a payment in which I informed him as well that I was currently laid off and could not pay it. I then asked if they did not call me for at least a month until I am able to figure it out as far as payment. Unfortunately, that request was ignored because the next day they called 7 times. Is this legal?
Credit one started blowing my phone up one or two days after I missed one 30 dollar payment and have since called me an average of 15 times a day or 20 on this past Friday and even call as early as 7am like on Sunday of memorial Day weekend, and memorial day, and mothers day and yes if I declined it they call right back but even if I don’t they’ve still called mins apart, and I even blocked at least a dozen if not 20 of their numbers and they of course just use different ones they also block their name on some of the back to back calls, and half of their numbers get flagged as scam by phone company’s scam blocker.
I’m getting constant calls from credit one bank nonstop everyday , what are my legal rights for the constant calls everyday and how can I get compensation?
Is a company allowed to start collection contact with you in regards to your payment within one past the due date, although your payments have never been more than past the grace period (after due date) allowed?
These companies harassing me by voicemail leave no opt out information for these robocalls I need to know if I’m able to sue?
Repeated phone calls from Radius Global Solutions6 calls in the last 7 days, 17 since 26 September when I started keeping track.
They do not leave messages and I do not pick up the calls.
We do not owe any money to anybody, pay our bills on time each month, and carry zero balances on our credit cards.
CBE has been calling me several times a week. This morning they woke me at 6:00 am. They wanted the last four of my SS#. Then they wanted to know my Verizon password. I refused to give either to them. I asked what this was in reference to, and was told it was highly personal information and they would not be able to help me unless I gave them the information they wanted. I am 65. I have no outstanding debt. I am not late with any regular credit card payments and carry no balances anyway. I do not know what this is about. They also called my son asking if he knew where they could reach me. He said he did not. What is this all about?
It pays to know these things. Thank you!
I have a collector calling my personal cell an average of 10 to 15 times in a two minute span.
The evidence is verifiable by my spam/call blocker application. I easily have hundreds of calls in a 90 day period.
Is there any restrictions on how many times a creditor or debt collector can e-mail me??
CBE services calls me almost daily during the work week via cellular. (usually during work hours). They are using multiple numbers but I add them to my directory then send all calls to voicemail-since they never leave one I never know they called.. The bill was a result of insurance not paying ALL of it off, from Mercy Hospital in Cincinnati Ohio.. After 4-5 hours at the hospital for right side chest pains–test after test done, CT scan/X rays,etc. The doctor says “we don’t know whats wrong..” (guess I don’t know how to pay the rest of that bill either!).. I will not pay for incompetence as no one out there will pay me for it. I just need to know if CBE services is a “third party purchaser” of debts.. If so–no need to pay as I never had a “contract or agreement” with them to pay anything.. giving my phone number is gonna do no good so i will anyway–About to just get new number over all this..
I have numerous bill collectors calling my phone all hours of the day including am hours. I have them calling my job now I have accumulated a lot of medical bills due to an unexpected over night stay at the hospital and a visit to a stand alone urgent care.
I have been getting multiple calls a day as well as my mother has been getting multiple calls about a debt I owe to at&t that has been sent to a debt collector. The debt collector who calls sounds very sketchy and I’m unsure if they’re legit or not and I don’t want to pay a scam or someone who’s not actually a legit debt collector and wont actually get rid of the debt. Can you guys help me figure out if it’s legit and if help me figure out how to get them to stop calling me and my mom?