Under specific federal laws designed to protect consumers from aggressive practices, more than one phone contact per day from a debt collector can be considered harassment. This applies particularly within the context of debt collection and is primarily regulated by the Fair Debt Collection Practices Act (FDCPA).
Understanding Harassment in Debt Collection
The Fair Debt Collection Practices Act (FDCPA) sets clear boundaries for how third-party debt collectors can interact with consumers. One key aspect it addresses is the frequency of communication. While there isn't a universally defined number that applies to all types of calls or all callers (e.g., telemarketers, legitimate businesses), for debt collectors, exceeding one phone contact per day can cross the line into harassment.
It's crucial to understand that "phone contact" is a broad term. It doesn't just mean a direct conversation.
What Constitutes "Phone Contact"?
For the purpose of determining harassment under the FDCPA, "phone contact" includes various forms of communication attempts:
- Direct phone calls: Whether you answer or not.
- Voicemails: Leaving messages counts as a contact.
- Text messages: Messages sent to your phone are also considered contact.
When Does Contact Become Harassment?
The intent of the FDCPA is to prevent collectors from using persistent and annoying methods to pressure consumers. While the law allows creditors to contact you as long as you owe them money, there is a fine line between legitimate collection efforts and harassing behavior.
Here's a quick overview:
| Criteria | Harassment Threshold (FDCPA) | Debt Collection Legitimacy |
|---|---|---|
| Contact Frequency | More than one phone contact (call, voicemail, text) per day | Creditors are permitted to call as long as a debt is owed. |
| Governing Law | Primarily the Fair Debt Collection Practices Act (FDCPA) | Regulated by various consumer protection laws and state regulations. |
| Primary Context | Applies to third-party debt collectors. | Applies to original creditors and debt collectors. |
What to Do If You Experience Harassment
If you believe a debt collector is harassing you by making excessive contact or engaging in other prohibited practices, there are steps you can take:
- Document Everything: Keep a detailed log of all communications.
- Date and time of each call/contact.
- Name of the collector and collection agency.
- Content of the conversation or message.
- Any witnesses.
- Send a Cease and Desist Letter: You have the right to request that a debt collector stop contacting you. Send a written letter (certified mail with return receipt requested) informing them to cease communication. Once they receive this letter, they can only contact you to confirm they will stop or to notify you of a specific action (like filing a lawsuit).
- Know Your Rights: Familiarize yourself with the FDCPA. Reputable sources like the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) provide comprehensive information on consumer rights regarding debt collection.
- Report the Harassment:
- File a complaint with the Consumer Financial Protection Bureau (CFPB).
- Submit a report to the Federal Trade Commission (FTC).
- Contact your State Attorney General's office.
- Seek Legal Counsel: If the harassment continues, or if you feel your rights have been significantly violated, consider consulting with a consumer protection attorney.
Remember, while creditors have the right to collect debts, they must do so within legal boundaries, and harassment is not permitted.
