Is a Debt Collector Calling at Odd Hours?
General Rule: A debt collector can call between 8:00 AM and 9:00 PM and any other time you permit them to call.
If you are dealing with a past-due debt, you will receive calls from a collection agency. These calls may come at various times of the day. No one wants to receive a phone call from a collection agency. However, there are certain times when receiving a call from a collection agency is very unpleasant.
If a debt collector is harassing you by calling you at odd hours, they are violating federal law. Under the Fair Debt Collection Practices Act (FDCPA), collection agencies cannot call you at unusual times.
Below you will learn at what times a debt collector cannot call you. If a collection agency is violating these restrictions, you will learn what steps to take to put this behavior to a stop.
Note: The FDCPA limits the restriction on calling at odd hours to third-party debt collectors. The FDCPA does not apply to an original creditor.
Can a Debt Collector Call Me at Any Time?
A debt collector may be aggressive in their attempt to collect on a debt. This may include aggressive language, repeated calls and more. However, the FDCPA specifically prohibits collection agencies from engaging in a variety of harassing behavior like this.
A collection agency is not free to call you at any time they choose. In fact, the FDCPA considers it harassment if a collection agency calls you at certain times.
Specifically, a collection agency violates the FDCPA if they call you after 9:00 PM or before 8:00 AM. However, there is an exception if you give a collection agency permission to call during those times. This may be the case if you work during atypical hours and sleep during the day.
The same is true if you tell a debt collector that you cannot accept calls at certain times that are typically allowed. For instance, you may have important meetings from 9:00 – 10:00 AM during the week. You can instruct a collection agency that during this time they cannot interrupt you with a phone call.
Note: While a collection agency cannot call you at certain times, there are no restrictions on when they can text or email you.
What Action Can I Take To Stop This?
If a debt collector is calling you at odd hours and inconvenient times, you have rights. If you are dealing with harassment, consider taking the following action:
- Issue a Cease-and-desist Letter. You can send this type of letter to inform the debt collector that they may no longer contact you. If you still want them to contact you, consider sending a written letter outlining when they cannot call you.
- Report the Debt Collector to a Government Agency. For violations of the FDCPA, you can submit a complaint to the Federal Trade Commission (FTC). In addition, you can also get assistance by submitting a general complaint to the Consumer Financial Protection Bureau (CFPB).
- Negotiate a Settlement. Consider proposing a favorable settlement in lieu of taking legal action. A collection agency may find this as a reasonable solution to avoid legal troubles.
- File a Lawsuit. If the illegal behavior is ongoing, you may want to consider filing a lawsuit. If you prove that the collection agency violated the FDCPA, you may also receive compensation.
Note: If you are getting harassing calls and the debt does not belong to you, you should also dispute it as soon as possible. At the latest, you should dispute the debt within 30 days of receiving formal notice from the collection agency.
Conclusion
You now have a clear understanding of when a collection agency may contact you. If a collection agency is calling you at inconvenient hours, you have the right to put a stop to it today.
If you need assistance in handling the situation, you can speak with a consumer rights attorney. They can evaluate your situation and help put an end to harassing calls from a collection agency at inappropriate times.
Additional Resources