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If you have unpaid debts, you might be receiving calls from debt collectors. While it’s their job to recover money owed to creditors, there are strict federal and state laws that regulate when, how, and how often they can contact you.
Unfortunately, not all debt collection practices are legitimate; fraud and harassment related to debt collection are on the rise. In 2024 alone, U.S. consumers reported losses exceeding $12.5 billion due to fraud, a sharp increase from $10 billion in 2023. Alarmingly, 38% of fraud reports in 2024 involved financial losses, compared to just 27% the previous year.
Many people don’t know their rights when dealing with debt collectors, which can lead to unnecessary stress, harassment, or even paying debts they may not legally owe. In this guide, we’ll break down everything you need to know about debt collection call laws: when collectors can call, how they can communicate, your rights under the law, and what to do if a collector crosses the line.
Understanding these rules can help you avoid undue stress and ensure that debt collectors operate within legal boundaries. One of the most common concerns people have is “how late can debt collectors call?” and we’ll address that first.
The Fair Debt Collection Practices Act (FDCPA) sets clear guidelines on when debt collectors can contact you.
Debt collectors can only call between 8 a.m. and 9 p.m. in your local time zone. Any contact outside of these hours is illegal unless:
If you’re wondering how late debt collectors can call, the law is clear: 9 p.m. is the cutoff in most cases. If a debt collector is calling outside these hours, you have the right to request that they not contact you.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from engaging in practices intended to harass, oppress, or abuse consumers, including placing repeated or continuous telephone calls. To clarify what constitutes harassment, the Consumer Financial Protection Bureau (CFPB) has established specific guidelines regarding call frequency.
Debt collectors are presumed to violate the FDCPA if they:
Important Considerations:
Certain situations may allow for deviations from these limits:
If you believe a debt collector is exceeding the permissible call frequency:
Key Takeaway: If a debt collector calls more than seven times in seven days or contacts you within seven days of a phone conversation about the debt, they may be violating the FDCPA. Maintain thorough records of all communications, and if the excessive calls persist, take appropriate action to protect your rights.
If you are facing issues with debt collection, you can always file a complaint.
Debt collectors have specific guidelines governing where and how they can contact you. Understanding these rules can help you manage such interactions effectively.
Debt collectors are permitted to contact you at your workplace unless they know or have reason to know that your employer prohibits such communications. If you receive collection calls at work and wish to stop them:
Once notified, the debt collector must cease contacting you at your workplace.
Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are generally prohibited from discussing your debt with third parties, such as friends, relatives, or neighbors. However, they may contact others to obtain your location information, but they must adhere to the following restrictions:
These measures are designed to protect your privacy and prevent debt collectors from exerting undue pressure through your personal connections.
Understanding your rights regarding when and where debt collectors can contact you is crucial. If a collector violates these guidelines, consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC).
If you do not want a debt collector to contact you, you have the legal right to request that they stop all communication. Under the Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial Protection Bureau’s (CFPB) Debt Collection Rule, once you make this request, the collector must comply. However, this does not erase the debt; you may still owe it, and the collector or creditor may take legal action to recover it.
If you use any of these letters, it’s important to do so as soon as possible after the debt.
Once they receive your letter:
5. How Should a Debt Collector Identify Themselves?
Under the FDCPA, debt collectors must:
If they refuse to give their name, agency, or other identifying details, be cautious; they might be a scammer.
By law, a debt collector must send a written notice within five days of their first contact with you. This notice should include:
If they don’t provide this information, it may indicate an illegitimate collection attempt.
Yes, new CFPB rules allow debt collectors to use:
However, they must:
Debt collectors cannot:
If a debt collector is harassing you:
The Fair Debt Collection Practices Act (FDCPA) provides consumers with specific rights to protect them from abusive, deceptive, and unfair debt collection practices. Key rights include:
1. Right to Validation of Debts
Debt collectors must provide a written notice detailing the amount owed, the creditor's name, and your rights to dispute the debt within five days of their initial contact. This is known as a validation notice.
2. Right to Dispute Debts
If you believe the debt is incorrect or not yours, you can dispute it in writing within 30 days of receiving the validation notice. The collector must then cease collection efforts until they provide verification of the debt.
3. Right to Cease Communication
You can request in writing that a debt collector stop contacting you. Once they receive your request, they may only contact you to confirm they will stop or to inform you of specific actions, like filing a lawsuit.
4. Right to Sue for Violations
If a debt collector violates your FDCPA rights, you can sue them in state or federal court within one year from the date of the violation. Successful lawsuits may result in the collector paying damages and covering your attorney's fees.
Prohibited Practices by Debt Collectors
Debt collectors are prohibited from engaging in abusive, deceptive, or unfair practices, such as:
Understanding these rights empowers you to handle debt collection interactions confidently and ensures that collectors adhere to legal standards.
Understanding debt collection laws is essential for protecting yourself from unfair or unlawful collection practices. The Fair Debt Collection Practices Act (FDCPA) and rules set by the Consumer Financial Protection Bureau (CFPB) provide clear guidelines on when, where, and how debt collectors can contact you.
By knowing your rights, you can:
If you believe a debt collector is breaking the law, you are not powerless. You can file a complaint with the CFPB or the FTC and consider seeking legal assistance.
However, navigating debt collection and settlement on your own can be overwhelming. That’s where Shepherd Outsourcing Services can help. Our team negotiates with creditors on your behalf, working to reduce the total amount owed and create a customized debt management plan that fits your financial situation.
If you’re struggling with debt and want to explore your options for settlement and relief, reach out to Shepherd Outsourcing Services today. Let our experts handle the negotiations while you focus on your financial future with less stress and more confidence.