Debt collectors can't call consumers at inconvenient times (FDCPA § 805(a)(1)). The statute says that calling before 8 AM or after 9 PM is inconvenient. With traditional landline phones, the collector can usually use the area code to figure out the consumer’s time zone. But with mobile phones, consumers often keep their number when they move so the area code may not match where they live.
- Does technology exist to determine whether a phone number is a landline or a mobile phone? If so, should collectors be required to use this technology?
- Should the collector be allowed to rely on information the consumer gave when he/she applied for credit (for example, if a number is identified as "home" vs. "mobile"/"cell"?)
- Should collectors assume that the consumer is in the time zone of his/her mailing address on file?
- If the collector has area code and mailing address information about the consumer that don’t give the same time zone, which should be used? Should the collector not make calls before 8 AM or after 9 PM in either time zone? Should mailing address take priority?
Consumers can tell collectors what times are inconvenient for them. To discuss whether collectors should have to pass this info along to the debt owner or later collector, see Making sure debt collectors & buyers have info about the debt—Info about consumer preferences and status.
Comments15
Commenting is now closed.
bonzarel
November 6, 2013 - 9:42pm
I don't know if technology allows collectors to distinguish land lines from cell phones. It is fair for collectors to use info provided on the application for credit. Collectors should be allowed to assume that the mailing address of record is an accurate indication of the debtor's time zone. Creditors periodically request updates of contact info in some cases; this would be a good idea for all to do.
Mailing address should take priority for determining time zone unless the debtor advises otherwise. As mentioned previously, people with cell phones may move from one locale to another without changing their area code.
lamizzee
November 8, 2013 - 10:44pm
I have received calls from debt collectors at 9:30 pm, and I consider this rude. I have also had robocalls early in the morning that woke me up. I am 69 yrs old, and retired, and I sleep late. My health is not good at the moment, so sometimes I have had a bad night - please, please don't wake me up with a robocall.
Moderator
November 10, 2013 - 1:26pm
Thank you for joining the discussion, lamizzee. The main goal of Regulation Room is to help every person air his or her views in the most effective way, to help CFPB better understand problems with debt collection. If you are having problems with debt collectors, you can contact CFPB's complaint center.
SGC
November 12, 2013 - 2:59pm
FDCPA 805(a)(1) is routinely violated by at least two large banks--Citicards and Wells Fargo. Both have called before 9 AM and after 8 PM. I live in the Central Time Zone and no matter where these banks are based, they ignore that and call early and late. The mailing address should take priority and it should not matter whether the collector is based in Portland, Oregon or Ft. Lauderdale, Florida, if it's 8 AM in Chicago, they should not be calling.
gmt512
November 13, 2013 - 5:46pm
Why are these questions putting the onus, once again, one the consumer? It is the collectors who have harassed in the name of collecting a debt.
It is pretty easy to distinguish landline from cellphone -- google the number, that tells you. But creditors use recorded calling, that should be stopped. If they have a well-trained person, that person ought to be able to determine the time zone the consumer lives in. I agree with the previous comment. Creditors should assume the current mailing address is the correct one. How difficult is it to go from there in assessing the times that are appropriate to make calls?
Hoosier
November 27, 2013 - 2:13pm
Why is there a discrepancy between what you say the statute says - 9am - and what time I find referenced everywhere else - 8am? And what about weekend restrictions? This past weekend I was woken by a call from Midland Debt Collection at 8:10am on a Sunday morning on my cell phone.
stopwithspoofedcallerID
November 27, 2013 - 3:19pm
I think the 9-8 is a typo. I have seen other typos on this site too, and they provide to FDCPA link that shows it is 8-9, so no big deal. On this topic though, I would like to see the 8-9 changed to 9-8. 8 is too early and 9 is too late at night to get phone calls.
stopwithspoofedcallerID
November 27, 2013 - 3:24pm
I also don't think that they should be able to call on Sundays. I understand that weekends are probably a good time to call people, but I think that weekend calling should be restricted to less hours (like maybe noon - 5pm) and only on Saturdays. No Sunday phone calls.
stopwithspoofedcallerID
November 27, 2013 - 3:33pm
Just to add to my comment: These so-called "Blue Laws" that prohibit cars lots being opened on Sundays and liquor being sold on Sundays, requiring the debt collection industry from closing down on Sundays (no calls, no letters, no contact) would not create any undo burden as many other regulated industries (car, liquor, gambling, etc) already abide to such "blue laws" and they operate just fine and make plenty of profits. The debt collection industry should be required to close down completely on Sundays.
Moderator
November 27, 2013 - 4:54pm
Welcome to RegulationRoom Hoosier, thank you for letting us know about the error. Do you think the times collectors can call should be changed for weekend days, and if so, what times would be more appropriate? Should CFPB make a blanket rule, or would it be better for consumers to tell collectors what times are inconvenient?
sbwaddell
December 14, 2013 - 3:26pm
Technology does not allow debtors or alleged debtors to distinguish land lines from cellphones of debt collectors; whether private or federal. There appears to be a double standard between the debtor and collector. I have received calls after business hours and sometimes even on a Sunday from a mortgage servicer, whom I will not disclose. This particular servicer has even left an anonymous type of flyer (one that can be hung on a doorknob) with instructions to call the specific servicer's customer service phone number; without disclosing the name of the servicer, although I was already familiar with the phone number. I would classify this as mail fraud because it bypassed the mail system. The same scenario with the service of process regarding my old school loan. The service of process bypassed the mail system These are both issues that should be resolved collectively by and among the FCC, FTC and DOJ (not all inclusive). A debt collector can call the debtor from a phone number outside of the collector's company so it won't be included in the company's phone log. If the debtor attempts to return the phone call, the number is either inoperable or not able to receive incoming calls. Collectors may even call a debtor in order to attempt them to give personal information about lowering the interest rate on their credit card (even if the debtor doesn't have a credit card). It is obvious or apparent that there may be a credit card floating around in the debtor's name unknowingly. These are all scenarios I have experienced. We haven't gotten to the subject of sharing a debtor's information among the debtor's financial institution and the financial institution's correspondent institutions and investment advisor affiliates and other business combinations of the debtor (public utilities companies, mortgage servicers, insurance companies, pension fund mgrs, etc...)
Moderator
December 16, 2013 - 9:48pm
Welcome to RegulationRoom, sbwaddell. The CFPB is interested in learning more about what information you think collectors should provide when they contact consumers and whether consumers should be able to limit how and when collectors contact them. If you are interested in sharing more of your ideas on these topics, please see the “Voicemail and answering machine messages” and “Limiting collector communications” topics directly below.
JohnEllis
January 20, 2014 - 11:45pm
I have received robo-calls as earlier as 8am to a landline number for a debt not even mine. If they are not respecting times already, when will they?
dmelendez@kscfcu.org
January 30, 2014 - 3:53pm
Additionally, as loans are set up on varied systems and they fall in to collections for calls to be made a break-out of phone types should be part of the "Solutions" . Example Home designated area, work designated area and Mobile-cell as well. Three separate 'Solutions" therefore giving a increased likelyhood of calls to be within what the statue requires.
Debt Neutrality Petition
February 7, 2014 - 1:48am
Just like Cable companies may expect their customers to give them a four hour window for service calls, consumers should be allowed to choose a time frame they prefer to be called within. If they never respond within that time frame, then the debt collector could try a different time frame.