If a debt collector has been calling you at “odd hours” of the day, you may be entitled to an FDCPA settlement. The FDCPA protects consumers from harassment from third-party debt collectors, and calling a consumer at unreasonable hours is outlined explicitly as an FDCPA violation.
Defining “Odd” Hours
So what counts as an FDCPA violation? Typically, debt collectors cannot call you between the hours of 8 AM and 9 PM. These times are for your time zone, not the debt collector’s. For example, if you live in California and a debt collector calls you at 10 AM EST/7 AM PST, he or she would be in violation of the FDCPA.
There are some exceptions to the “odd hour” rule. The first would be if you work at a job atypical of the 9-5 schedule. If you work nights it may be more convenient for a debt collector to call you at 6 AM. You also may sleep during the day, meaning a 2 PM phone call is unacceptable.
Another exception is if certain days of the week do not work for you. If you are busy on Sundays, you can explicitly tell a debt collector to not call you on those days. Once you’ve told a debt collector which days and hours do not work with your schedule, it is an additional violation to call you during those inconvenient hours.
Speak With a Creditor Harassment Attorney
If your rights as a consumer have been violated and you’ve been called during the wee hours of the night by a debt collector, you should speak with an FDCPA attorney immediately. Once you speak with a debt collection attorney, the harassment and endless phone calls will stop.