How Many Times Can a Company Call You Before It's Harassment
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- How Many Times Can a Company Call You Before It's Harassment
We explore when debt collection calls become harassment. Sometimes, the law makes it clear. There are times, though, when the line gets blurry.
Identify when debt collector calls become harassment and the steps you can take under legal frameworks. Consumer Attorneys can help You for free! Creditors hire third-party debt collectors to collect debts from consumers. The law imposes limits to when, how often, and where these debt collectors can call you. There are also limits to the substance of what they can say to you. Consumer Attorneys can help you determine if a debt collector has exceeded their limits.
While the people who are calling you about your debts are just doing their jobs, there comes a point where their jobs become harassment. While debt collector calls might feel like harassment from the outset, these calls do not rise to the level of the type of harassment over which you can sue until those callers violate the law. The factors that can make these calls harassment are how often they call in a seven-day period, how many times they call you in a day, when they call, whether they are honest about how much you owe the creditor, what they say and how they say it, and if they listen to you when you tell them to stop.
But we understand how aggravating these calls can be, especially when you are trying to pay what you owe. We encourage you to contact us as soon as the calls begin. A debt collection harassment lawyer will listen to you, listen to what’s happening, assess your case, advise you on how to keep records of calls and advise you on how to proceed. Do not wait until things reach a certain point before you contact us. That way, should an appropriate time to take legal action arise, we will already be acquainted and be ready to do so.
This article identifies those actions to take when these collectors overstep.
What Specifically Counts as Creditor Harassment?
To consider whether what creditors and debt collectors do constitutes harassment, you have to understand the Fair Debt Collection Practices Act (the “FDCPA”). Congress passed the FDCPA in 1978 to protect consumers from harassment and unfair debt collection practices. The FDCPA provides clear and finite guidelines on what creditors and the collectors they hire can and cannot do.
Did you know? A debt collector calling you more than seven times in a week could be considered harassment under the FDCPA.
The FDCPA does not apply to creditors collecting for themselves. It only applies to third-parties attempting to collect the debts of another person or entity. The FDCPA outlines several specific behaviors that, if done by debt collectors, constitute harassment.
Debt Collector Actions that are Harassment Under the FDCPA
- Making repeated and unwanted phone calls. How many times a day can a creditor call you before it becomes harassment? It depends. The FDCPA prohibits debt collectors from calling anyone with the specific intent of abusing, annoying, or otherwise harassing anyone. Including you. See below for specific guidelines on how often they can call you.
- Using profane language. They must not use obscene or profane language during their communication with consumers.
- Threatening. The FDCPA prohibits them from making threats of violence or harm towards the person, property, or reputation of a debtor.
- Publishing the names of debtors. They may only send your name to certain reporting agencies. They may not publish lists of consumers who have not paid creditors.
- Calling without telling you who they are. Debt collectors must tell you who they are as soon as they call you. They can not call you anonymously or pretend to be someone else or mislead you into thinking they are someone else. They also must tell you the creditor they are calling for.
- Calling at inappropriate times. The FDCPA prohibits debt collectors from calling you before 8:00 a.m. and after 9:00 p.m.
- Contacting you at work. They must not contact you at your work or discuss your finances or financial obligations with your employer.
- Making false statements. Debt collectors cannot lie or exaggerate when they talk to you. trying to collect a debt. For example, they cannot exaggerate your financial obligations, the penalty for not paying, or imply they have the backing of the government.
- Threatening legal action. They cannot threaten to take any legal action that is not permitted or that they do not intend to take.
- Contacting you after you ask them to stop.If you have formally requested in writing that a debt collector cease communications with you, they must stop contacting you. The only reason they may contact you after that formal request is to alert you of specific things like the creditor is filing a lawsuit against you.
Knowing what amounts to creditor harassment is crucial for knowing when you are being harassed or if someone is violating your rights. We recommend keeping a record of all the times a debt collector contacts you. If possible, record phone calls to get evidence of the tone and substance of calls. And if you encounter any of these behaviors, contact the consumer lawyers at Consumer Attorneys. Remember, the FDCPA exists to shield you from harassment. It's not just about frequency; it's about the intent and impact of those calls on your daily life.
Federal Regulations Limit the Frequency of Phone Calls Made by a Debt Collector
While the intent, substance, and tone of these calls are evidence of harassment, the FDCPA also sets very specific guidelines on when and how often a collector can contact you.
- They must not call you before 8 a.m. and after 9 p.m. Those times are your times, in your time zone.
- How many calls is considered harassment? Debt collectors cannot call you more than seven times in seven days. That doesn’t mean they can call you three times in one day and four times the next day - that would likely violate the intent of the FDCPA.
- How often can a bill collector call you? If a debt collector has a conversation with you, they must wait seven days before they try to contact you again.
Again, a debt collector can stay within the boundaries of the above and still harass you if the tone, language, and substance of what they say violate the FDCPA. If they call you just once but with the intention of annoying you, they are violating federal law. You must keep a record of these calls. They will be the evidence we need if we determine that legal action is necessary.
Dealing with Multiple Calls in a Day from the Same Debt Collector: Action Steps
If you are receiving multiple calls in a day from the same collector, we advise you to do the following.
- Answer the call. Tell them that the frequency of their contact is disruptive and ask them to reduce the number of calls.
- Document the conversation. Document the number, time, date, creditor associated with the call, and method of contacts. Take screenshots of call logs on your phone.
- Call an attorney. Contact your debt collector harassment attorney at Consumer Attorneys.
- Send a written request. Ask them to stop calling you. Keep a copy of this letter for your records.
- Keep track. If the calls continue, continue to document each call, noting the time, date, and content of the conversation.
Pro Tip: Keep a log of every time a debt collector contacts you—date, time, and nature of the call. It could be key evidence if you need to take action.
What Doesn't Meet the Criteria for Creditor Harassment?
While calls from debt collectors can feel like harassment, especially when you are trying your best and working hard to pay your bills, not all calls will constitute harassment.
Main Points
- If a debt collector contacts you occasionally, within the hours specified by the FDCPA, it's likely not harassment.
- If they speak courteously and professionally, it likely isn’t harassment.
- If a debt collector is trying to reach you for the first time or provides you with legally required notices, those don't count as harassment.
Still, we advise you to document all the attempts at contact a debt collector makes. They will not announce that they are crossing the line between permitted behavior and harassment. It will just happen.
Is a Debt Collector Bombarding You with Calls? Contact Us for Assistance
If you have creditors and are currently in debt and receiving calls from debt collectors, call Consumer Attorneys right away. We want you to contact us as soon as the contacts begin since the line between permitted contacts and prohibited contacts is a fine one. Our attorneys are always eager to talk to you.
Call 1-877-615-1725 to talk to one of our credit report attorneys to assess your case.
Fill out our Contact Us form or start a LIVE CHAT with an attorney.
Write to us at [email protected]. We look forward to hearing from and helping you.
We are experienced debt collection harassment attorneys who are proud to defend consumers against harassing debt collection tactics and have been successful in taking action against harassers and recovering compensation from them to give to the consumers they have wronged. Our team will review your case, advise you on your rights, stand by you, and take legal action if your situation warrants. Contact us for assistance and regain your peace of mind.
Frequently Asked Questions
The Fair Debt Collection Practices Act is a federal law that provides consumers rights to stop debt collector harassment. These rights include:
• Communication limits. You have the right to request in writing that whoever is contacting you stop contacting you. This will stop the harassing communication.
• Time limits. They cannot contact you before 8 a.m. or after 9 p.m.
• Language limits. The law prohibits debt collectors from using abusive and deceptive practices. They cannot use profanity, lie about how much you owe, claim to be lawyers, or threaten you.
If a debt collector violates these rights, you should seek legal assistance by contacting Consumer Attorneys.
To document this kind of harassment effectively:
• Keep records. Start a file. Every time the debt collector contacts you. Include dates, times, names, and a summary of conversations. Take screenshots of attempted calls.
• Save correspondence. Keep all written communication from the collector in the folder. Print emails.
• Record phone calls. Determine if this is legal in your state. If so, record calls. Always tell the collector you are recording.
• Witnesses. Have witnesses during phone calls or in-person meetings if possible.
• Keep a journal. Write down every interaction. Include in detail any inappropriate behavior or statements.
• Contact a consumer protection attorney. Ask a lawyer for guidance on how to proceed and potentially build a case.
This harassment will not directly affect your credit score. However, the underlying debt with the creditor on whose behalf you are being harassed can have an impact on your credit score. When debts are sent to collection, they are also typically sent to the three major credit reporting agencies - Equifax, Experian, and TransUnion. The collection can stay on your credit report for up to seven years. It’s not easy to try to pay what you owe to protect your credit health while also dealing with the harassing collector. Contact Consumer Attorneys and let’s discuss if and how we can help.
Yes, you can handle dealing with debt collectors and their harassment without an attorney. However, having an attorney handle it for you can make the entire process significantly easier and more effective. Consumer protection attorneys like the ones at Consumer Attorneys know the laws that govern debt collection, like the Fair Debt Collection Practices Act, and know how to advocate on your behalf. They can handle the communications with the collectors, make sure your rights are preserved, and identify any possible causes for legal action that you might have. An experienced consumer protection attorney can also provide peace of mind along with the legal expertise to build a stronger case for you.
You can contact Consumer Attorneys by:
• Calling us at 1-877-615-1725
• Writing us at Consumer Attorneys, 8245 N. 85th Way, Scottsdale, AZ 85258
• Emailing us at: [email protected]
• Visiting us at www.ConsumerAttorneys.com (where you can have a LIVE CHAT with a consumer protection representative.)
We have been advocating for consumers in courtrooms all across the country for year and have recovered significant awards for thousands of consumers who have been harassed or wronged by debt collectors.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more