Can a Debt Collector Call you Early in the Morning or Late at Night?Saturday, November 21st, 2009
Texas and federal law prohibit debt collectors from harassing people in connection with attempts to collect consumer debts. The number of ways that debt collectors can harass people seems to be unlimited. One way some debt collectors harass consumers is by calling them very early in the morning, or very late at night. In fact, we have a case right now in which a debt collector called our client at about 1:30 a.m.
Here is what the Federal Fair Debt Collection Practices Act says about the time debt collectors can call:
Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location.
Therefore, a debt collector cannot call you at any place, or at any time, which the debt collector knows or should know would be inconvenient for you. The 8:00 a.m. to 9:00 p.m. time period applies absent such knowledge.
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