Updated on
Author: Sergei Lemberg
Can You Sue a Collection Agency For Calling at Odd Hours?
![Collection Agency Calling Odd Hours]()
General Rule: A debt collector can call between 8:00 AM and 9:00 PM and any other time you give them permission to call.
If you are dealing with a past due debt, you may receive calls from a collection agency. These calls can come at various times of the day. Sometimes, they may call you multiple times a day. Fortunately, you have protection under the law from harassing debt collection calls.
If you are receiving calls from a debt collector, you will want to know when they can call you and how often. Under the Fair Debt Collection Practices Act (FDCPA), collection agencies are not allowed to call you at unusual times. They also cannot call you excessively to harass you.
It’s important to understand that the FDCPA only applies to third-party debt collectors and not the original creditor. Below is information on when and how often a third-party debt collector can call you. If they violate these limitations, you can follow the actions outlined in this article to stop them.
What Time Can a Debt Collector Call Me?
Sometimes a debt collector will resort to calling you at all times of the day. Some collection agencies use this tactic to get you to make a payment on a debt they are servicing. However, under the FDCPA, collection agencies are not free to contact you whenever they choose.
The FDCPA outlines specific times in which a debt collector can contact you. A debt collector is not allowed to contact you at any inconvenient time. Specifically, the FDCPA prohibits calls before 8:00 AM and after 9:00 PM. However, a collection agency is still free to send text messages or emails at this time.
If you inform the collection agency a particular time is inconvenient, they cannot contact you at that time. For instance, you can tell them that you cannot accept calls between 10:00 to 11:00 AM during the week.
Note: There is an exception to the standard times in which a collection agency can contact you. If you inform them that calling during these times is more convenient for you, they can call you without violating the law.
Another tactic that collection agencies often use is to call you repeatedly. The FTC indicates that more than 7 calls in a seven day period is a violation. Also, they cannot contact you within seven days of when they discussed your debt with you.
There may also be other scenarios that violate this law. For instance, if a collection agency calls you 5 times in one day, a court might determine that this is a violation of the FDCPA.
What Action Can I Take To Stop This?
If a debt collector is calling you excessively or at inconvenient times, you have options. Consider taking the following action:
- Send a Cease-and-desist letter. This type of letter informs the debt collector that you will take legal action if they do not stop contacting you. A debt collector must stop contacting you if they receive this type of demand.
- File a Lawsuit. You can sue a debt collector for a violation of the FDCPA. If you succeed a court may award you statutory damages (up to $1,000), actual damages and court costs.
- File a Complaint with a Government Agency. You can submit a complaint to the Federal Trade Commission (FTC) for a violation of the FDCPA. The FTC handles the enforcement of this law. You can also submit a general consumer complaint to the Consumer Financial Protection Bureau (CFPB).
- Negotiate a Settlement. With evidence of the violation, a collection agency may be open to a favorable settlement of your debt. A discounted settlement may be more favorable to a collection agency than dealing with a lawsuit.
You can also dispute the debt if it does not belong to you. When this occurs, a collection agency should also stop contacting you.
For any of these actions, you may consider hiring an attorney to represent you. With their years of experience, they may be able to secure a more satisfying or faster result. In addition, when a debt collector knows an attorney represents you, they must stop calling you immediately.
Conclusion
You now have a clear understanding of when and how often a collection agency can contact you. If a collection agency is hounding you with repeated calls at all times, put a stop to it today.
If you need additional guidance, you can contact a consumer rights attorney. They can assist you with putting an end to harassing calls from a collection agency.
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
See more posts from Sergei Lemberg