Section 1006.14b Call Frequency Caps
The following perspective was provided by Michele Shuster of Mac Murray & Shuster.
A central feature of the CFPB’s newly released Debt Collection Rule is its limit on the number of call attempts to a person. A collector cannot place more than seven telephone calls within seven consecutive days in connection with the collection of debt. Additionally, after having had a telephone conversation with the person about collection of the debt, the collector cannot place more than seven calls within a period of seven consecutive days. Voicemails and ringless voicemails count as a call attempt as do limited content messages. The prohibition is not a bright-line rule, but rather establishes a rebuttable presumption that the calls do not harass, oppress or abuse the person. Technology will be critical to managing allowable call attempts, but more importantly, collectors will need to use strategies to obtain a person’s preference for calling days and times. Call attempts will be too precious to waste.