It is important for you to learn about your rights when dealing with debt collectors. As a debtor, you also have some rights and these debt collectors cannot do whatever they want, meaning they should follow the rules. One of the things that you need to learn is when they can contact you. Talking about debt collectors and calling you, you may want to know whether they can call you on Sunday and if the answer to the question is yes, what time they can do that.
Are Debt Collectors Allowed to Call on Sundays? If It is Yes, When They Do That?
For those who are wondering whether or not debt collectors can call on Sunday, the short answer to the question is yes. They are allowed to call on Sundays. Actually, the Fair Debt Collection Practices Act or FDCPA does not explicitly address calls on Sundays. The same general rule that they made apply as on any other day of the week, whether it is Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday.
However, these debt collectors should be aware that Sundays are considered an “inconvenient time” for people like you. If they call on Sundays, they could violate the law. For instance, if you have told them that Sunday is a day for you to rest, time to spend time with your family members, or time to attend religious events, it is better for them to avoid contacting you on that day, unless they are ready to be reported for violation of law. On the other hand, if there is no agreement and these debt collectors believe that they will not violate the law when contacting you on Sunday, they can do that between 8:00 AM and 9 PM.
General Guidelines for Debt Collection Calls
There are rules governed by the Fair Debt Collection Practices Act or FDCPA regarding debt collectors. This federal law is created to protect the consumers from harassment or unfair practices. According to the rule, debt collectors are restricted to making calls during certain hours, no matter the day of the week, including Sundays. According to the law, they can call their consumers between 8:00 AM and 9:00 PM local time. If they want to call consumers outside these hours, they should get permission from them first.
Things That Debt Collectors Cannot Do
According to the Fair Debt Collection Practices Act or FDCPA, debt collectors are not allowed to harass, oppress, abuse, or deceive the consumers or anyone else they contact. The things that they cannot do include:
-
- Call the consumers before the clock shows 8:00 AM or after 9:00 PM. However, they are allowed to send text or emails at any time.
- Call the consumer over and over again.
- Repeat the calls with the intention to annoy, abuse, or harass the consumer or anyone answering the calls.
- Share things on social media accounts about the debts of the consumers or contact them openly on social media.
- Use inappropriate language.
- Spread threats of violence or harm.
- Do not tell the exact amount the consumer owes or lie about it.
- Deceive the consumer to collect money, such as by falsely claiming to be law enforcement officers or saying that the consumers will be arrested by the authority if they fail to pay off their debt.
- Share the lists of those who refuse to repay their debts.
- Talk to the consumer without telling them that they are debt collectors or use a fake company name.
Things To Do If You Receive Inappropriate Call from Debt Collectors
If you receive inappropriate call from debt collectors, you can do the followings:
1. Ask them to stop
You have the right to ask the debt collector to stop calling you if you feel annoyed, abused, or harassed. For example, in cases when they call you during the times when you are sleeping in the middle of night, when you are hospitalized, or when they use inappropriate language. In order to request them to stop their action, you are suggested to write a cease and desist letter. For those who are not familiar with a cease and desist letter, it refers to a written notice that can be sent by you to the debt collector, asking them to stop contacting you about the debt. Writing this kind of letter and sending one is easy. You can even do that by yourself without the help from the lawyer. Even though you can try to ask them to stop contacting you by phone, it is recommended for you to do it by sending a letter and keeping a copy of it so that you can prove to them that they received it from you.
2. File a complaint
One of the things that you can consider when you keep getting called by a debt collector is to file a complaint with the Consumer Financial Protection Bureau or CFPB. Aside from that, you can also do it with the Federal Trade Commission or FTC or the attorney general in your state.
3. Seek legal advice
If you keep getting abused or harassed by the debt collector, it is better for you to seek legal help from a legal professional who specializes in consumer protection. This expert is the best one to visit as they can help you to decide the best thing that you can take or do after that.
Things To Do When Getting Called by a Debt Collector
If you get a call from a debt collector, you are recommended to do the followings:
-
- The first thing that you need to do is to ensure that the person that calls you is a real debt collector and is not a scammer. Ask them about their name, the name of the debt collection company, and the address and phone number of the company.
- Then, ensure the legitimacy of your debt by asking them the amount you owned, the name of the creditor, and the way to dispute the debt or to verify that the debt is yours. In case they fail to tell you on the first call, ask them to provide the information in writing.
- Next, you have to identify the debt. If you recognize the debt, try to reach out to the debt collector and discuss the repayment plan that is fair for both you and them. If the debt is from years ago, you are recommended to check its statute of limitations before making a payment or agreeing to a payment plan. If the statute of limitation has passed, they cannot collect the debt from you, according to the law. If you do not recognize or claim the debt, ask the debt collector to send you verification of the debt, including the amount you owed and the evidence that shows the debt belongs to you. Besides, you can also ask about the information regarding the original creditor or lender, in case the debt has been transferred to someone else that is using a debt collector to collect debt from you. If after receiving verification you still do not claim that the debt is yours, just write to the debt collector to explain that the debt is still disputed. In the letter, you can also state that you do not want to be contacted about it again in case you refuse to negotiate. However, you should be sure about it because if the debt is proven to be yours, they can use other legal ways to collect the debt from you.
Bottom Line
In conclusion, debt collectors can call the consumers on Sundays since there is no law that prohibits them from doing so. However, they should still follow the rules. For example, they can make a call from 8:00 AM to 9:00 PM. If the consumers think that Sundays are “inconvenient time” and their time to rest, spend time with family members, or time to attend religious events, they can ask the debt collector to not contact them on that day. Always remember that they also have the rights and they are protected under the FDCPA, even though they owe some debts.
