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When and How Debt Collectors May Contact You

Federal rules limit when and how third-party collectors may contact you. Know the basic boundaries and how to record a problem.

By CreditCardDebt Staff3 min read

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Debt collectors are allowed to contact you, but federal law puts real limits on how. They generally can’t call before 8 a.m. or after 9 p.m. your local time, can’t keep calling to harass you, and have to stop contacting you at work if you tell them your employer doesn’t allow it. These rules come from the Fair Debt Collection Practices Act and apply to third-party collectors, not usually to your original card company.

Calls

  • Time of day: no calls before 8 a.m. or after 9 p.m. in your time zone, unless you agree. They also can’t call at any other time they know is inconvenient for you, so if you work nights and tell them mornings don’t work, that counts.
  • How often: Regulation F sets a benchmark. A collector is presumed to be harassing you if it calls about a particular debt more than seven times in seven days, or within seven days after actually talking to you about that debt. Fewer calls can still be harassment if they’re abusive.
  • At work: if you tell a collector you can’t take calls at work, it has to stop calling you there.

Texts, emails and social media

Collectors can text and email you, but every message has to include a simple way to opt out of that channel, such as replying STOP. They can contact you through social media only privately, never in a public post, and they have to identify themselves.

Be careful with links. Scammers pose as collectors, so don’t click a payment link or share personal details until you’ve confirmed the company is real using contact information you found on your own. How to Respond to a Debt Validation Notice explains how to check the debt itself.

What collectors can’t do

They can’t:

  • threaten violence, use obscene language, or call repeatedly to annoy you
  • lie about who they are or how much you owe
  • threaten arrest, or threaten a lawsuit they don’t plan to (or legally can’t) file
  • tell your family, neighbors or employer about your debt. They may contact other people only to find your contact information, and they generally can’t say why.

How to control contact

You can tell a collector how to reach you (“mail only,” “don’t call me at work”), and it has to respect that. Put it in writing and keep a copy.

You can also send a written request to stop contacting you altogether. After that, the collector can only contact you to confirm it’s stopping, or to tell you about a specific action, such as filing a lawsuit. A stop-contact letter doesn’t make the debt go away, and it doesn’t prevent a lawsuit. If you’re working toward paying, How to Arrange a Payment Plan With a Debt Collector may be the better route.

If you have a lawyer for the debt, tell the collector. It then has to deal with your lawyer instead of you.

If a collector crosses the line

Keep a log with the date, time, phone number, company name, and what was said. Save voicemails, texts, and letters. Then report it to the FTC, the CFPB, or your state attorney general. Many states have their own collection laws that add protections. You may also be able to sue a collector that breaks the FDCPA, and the law allows you to recover damages and attorney’s fees if you win.

One caution: if you’re sued, answer the lawsuit by its deadline even if you’ve filed a complaint about the collector. What to Do If You Are Sued Over Credit Card Debt explains what to do.

Sources

This article is for educational purposes and is not financial advice.