Your Rights As A Consumer

The Fair Debt Collection Practices Act (FDCPA) was created in the 1970s to protect consumers from abusive and unfair debt collection practices. While the core principles of the law remain, the way we communicate has changed dramatically since its inception. To address the rise of new technologies, the Consumer Financial Protection Bureau (CFPB) issued updates to the FDCPA that went into effect on November 30, 2021.

Here are some of the key rules that debt collectors must follow:

Traditional Rules Still in Effect:

• Time Restrictions: Debt collectors cannot call before 8 a.m. or after 9 p.m. local time.
• Workplace Communication: They are prohibited from contacting you at your place of employment if they are aware that your employer prohibits such communications.
• Harassment: Collectors cannot use threats, obscene language, or engage in repeated phone calls with the intent to harass you.
• Third-Party Disclosure: They are generally not allowed to discuss your debt with anyone other than you, your spouse, or your attorney.
• Written Requests to Stop: If you ask a debt collector in writing to stop all communication, they must comply.

New Regulations for a Digital World: The recent updates to the FDCPA clarify how collectors can use modern communication methods like email, text messages, and social media.

• Communication Frequency: Debt collectors are limited to a maximum of seven phone calls within a consecutive seven-day period for each specific debt. Once they have a conversation with you, they cannot call for at least another seven days.
• Electronic Communication: Collectors can use electronic methods like email and text messages to contact you, but they must provide an easy way for you to opt out of future messages.
• Social Media: A collector is allowed to send a private message to you on social media, but they must identify themselves as a debt collector. They are prohibited from making a debt-related post on a public part of your social media page.
• Voicemails: If a collector leaves a voicemail, it must be “limited-content,” meaning it can only include the company’s name (without identifying it as a debt collection business), a request for a response, and contact information.
• Work Email: Collectors cannot send emails to an email address they know is a work email, with some exceptions, such as if you initiated the communication from that address.
• Verbal Opt-Outs: You can now verbally request that a collector stop contacting you through a specific channel, such as by telling them, “Stop calling.” They must respect this request. You no longer need to submit a written request to cease communications.

These regulations are designed to provide consumers with more control over how debt collectors contact them while allowing for modern communication methods. If you believe a debt collector has violated these rules, it’s advisable to consult with an attorney to understand your options.