How Many Calls from a Debt Collector is Harassment?

Receiving calls throughout the day from the same debt collector can be stressful. You might feel demoralized and frustrated. You don’t have to endure this inappropriate behavior. Laws prohibit debt collectors from repeatedly calling you throughout the day.

Federal Laws Restrict Repeated Phone Calls by Debt Collectors

Two federal laws expressly restrict debt collectors from calling you repeatedly. The Fair Debt Collection Practices Act (FDCPA) protects you from harassment. The Telephone Consumer Protection Act (TCPA) provides additional protections.

The Consumer Financial Protection Bureau (CFPB) established a Debt Collection Rule. The rule specifies how many calls are too many.

Number of Calls Before It Becomes Harassment

The CFPB’s Debt Collection Rule sets a clear limit. If a debt collector calls more than seven times in seven days, they violate the law. That pattern of calls is considered harassment.

However, the rule has a major loophole. It only applies to telephone calls. Debt collectors can technically contact you via email, text, social media, and in person. But other federal laws provide protections in these instances.

Under the FDCPA, debt collectors cannot harass, oppress, or abuse you. The law prohibits making your phone ring repeatedly throughout the day. Continuous calls intended to annoy, harass, intimidate or abuse you violate this restriction.

The TCPA specifically addresses pre-recorded phone calls and messages. The law limits pre-recorded messages, text messages, and robocalls between 8:00 a.m. and 9:00 p.m. The TCPA also restricts debt collection calls where the caller fails to provide:

• Their name or identify their business
• A contact phone number or address
• An automatic opt-out mechanism

What to Do If You Receive Three or More Calls Daily

You don’t have to endure harassing behavior from debt collectors. You have legal rights and protections. Taking action can stop the harassment and may lead to compensation.

Rigorously document the harassing calls. Debt collectors may not admit to contacting you multiple times each day. Take screenshots of the Caller ID on your phone. Capture the multiple collection calls from the same debt collector.

Maintain a call log summarizing the time, date and telephone number. Record each call from the debt collector who is calling repeatedly. Consider working with our partner Solo to explore your legal options. You may have grounds to file a lawsuit against the debt collector.

Judges consider specific factors when determining if calls constitute harassment:

• Debt collector calls you after receiving a formal cease and desist letter
• Debt collector calls you after learning you have legal representation
• Debt collector contacts you on your work line
• Debt collector is hostile and makes threats during calls
• Repeated calls in a short period of time

Your Rights Against Harassing Debt Collectors

You can send a cease and desist letter to stop the calls. Once the debt collector receives your letter, they must stop contacting you. They can only contact you to confirm they’re stopping or to inform you of specific actions.

If harassment continues after you send a cease and desist letter, you have grounds to sue. You can collect up to $1,000 in statutory damages per violation. You may also recover actual damages and attorney’s fees.

Using Harassment as a Defense in Debt Lawsuits

If a debt collector sues you, their harassment can be your defense. Document every harassing call before you respond to the lawsuit. Our partner Solo can help you respond to the summons properly.

Courts take debt collector harassment seriously. Your documentation can strengthen your position in court. It may lead to the case being dismissed or settled favorably.