The FDCPA establishes specific guidelines that debt collectors must adhere to when they are collecting debts. While debt collection calls made on a Sunday does not automatically violate the laws for collecting, they are prohibited if the debt collector has been made aware that you do not want to receive collection calls on Sunday. To let the debt collector know, you just need to tell them that Sundays are not a good time to receive calls.
What is the FDCPA?
The FDCPA is federal law that prohibits specific behaviors and activities from debt collectors when they are attempting to collect debts. The law prohibits debt collectors from collecting debts at times that are inconvenient. The Federal Trade Commission (FTC) has previously said that collection calls on Sundays were inconvenient, but more recently decided that Sunday calls are not FDCPA violations.
But, Sunday calls are prohibited if you let the debt collector know that you don’t like Sunday calls and they are inconvenient to you. You must notify the collector to no longer call you on Sunday. You should document in writing the date and time that you inform the collector to no longer call on Sunday. You might even want to notify the creditor in writing by certified mail.
What if I Ask the Collector to Stop Calling on Sundays?
If you tell the bill collector that Sunday calls are an inconvenience and they continue to call you, then they have violated the FDCPA. You need to document the violation. This means you must note the date, time, and place of calls. If possible, get the name of the representative who called. You can file a lawsuit against the bill collector for the FDCPA violation to get monetary damages and to also get the Sunday calls stopped. Documentation is the key to a successful claim.
The Time of Day is Limited
The FDCPA also specifies what hours calls can be made by debt collectors. In general, calls can only be made between 8 a.m. and 9 p.m. If calls are made outside those hours, the FDCPA has been violated and you can seek damages and file a complaint. The law also indicates that debt collectors cannot harass you, so that means that they cannot make 100 calls per day. In fact, more than two or three calls a day might be violating the FDCPA. If you are getting calls at strange times or in high volume, you should consult with a FDCPA attorney.
Consult With a FDCPA Attorney
If you have past due debts and collectors are calling, you should consult with a FDCPA attorney. An attorney will determine if any laws are being broken and if the debt collectors are violating your rights. If the FDCPA laws are violated, your attorney could help you file a lawsuit against the liable party. Complete the Free Case Evaluation Form on this page to get your claim on the right track.