When Is a Collection Agency Allowed to Call?

Collection agencies cannot call at unusual times.

A debt collection agency's phone calls could violate the law and it might end up owing you money. This is because federal law and sometimes state law give debt collectors guidelines on when, where and how they can call a debtor. While federal law doesn't give debt collectors strict times on when they can call, these times can change based on your personal schedule.

Identification

The Fair Debt Collection Practices Act is the main piece of federal legislation that protects consumers from harassment by a collection agency. This does not lay out a specific time during which the debt collector may call, but only that it cannot inconvenience the consumer. Usually, this means no calls before 8 a.m. or after 9 p.m. in the borrower's time zone.

Exception

The 8 a.m. to 9 p.m. rule only applies when the debt collector has no other knowledge to believe that calling between this time would cause an inconvenience. If, for instance, you tell the debt collector to call outside of this time period, he must oblige. State laws may further restrict the time when a collector can call.

Considerations

A collection agency cannot call you at any place that would be unusual to receive such a call, such as at your place of work if the employer tells the debt collector to stop calling. This, however, does not automatically include holidays and weekends. The law only states that the collector cannot call at a time "known to be inconvenient to you." Thus, you must inform the debt collector on which days it is inappropriate to call.

Solution

You can stop calls from a collection agency altogether by sending it a letter that you either refuse to pay back the debt or intend to pay the debt and wish the collector to cease calling you. Alternatively, you can give the collection agency specific dates and times when you will accept their calls. Also, the agency cannot make repeated calls or harass you, such as constantly calling only for payment. Its calls must serve a purpose, such as gathering information.

References

• Fair Debt Collection: Civil Liability
• County of Los Angeles Department of Consumer Affairs: Handling Collection Agencies
• Fair Debt Collection: Phone Calls From Debt Collectors May Be Illegal
• Privacy Rights Clearinghouse: Debt Collection Practices: When Hardball Tactics Go Too Far