anonymous

Reg F Question of the Week: What Are the Presumptions Related to Telephone Call Frequency?

FAQThe CFPB recently updated its FAQs on the Reg F debt collection rule, including information about electronic communication, call frequency and more. ACA will regularly feature updates on the FAQs when available from the CFPB.

02/10/2023 12:15 P.M.

2.5 minute read

The Consumer Financial Protection Bureau has published Debt Collection Rule FAQs for Regulation F, containing questions and answers that pertain to compliance with the rule. The FAQs cover call frequency issues, electronic communications, limited-content messages and more.

ACA International regularly highlights the bureau’s updates to the FAQs. Read on to learn about guidelines related to telephone call frequency.

Q. What are the presumptions related to telephone call frequency?

A. “Under the Debt Collection Rule, a debt collector is presumed to comply with the prohibition against repeated or continuous telephone calls or conversations if the debt collector places a telephone call to a particular person in connection with the collection of a particular debt neither:

  • More than seven times within seven consecutive calendar days [‘call frequency prong’]; nor
  • Within a period of seven consecutive calendar days after having had a telephone conversation with the person in connection with the collection of such debt [‘conversation frequency prong’].

For the presumption of compliance to apply, the debt collector must not exceed either prong of the standard.

12 CFR [Section] 1006.14(b)(2)(i).

Conversely, a debt collector is presumed to violate the prohibition against repeated or continuous telephone calls or conversations if the debt collector places a telephone call to a particular person in connection with the collection of a particular debt:

  • More than seven times within seven consecutive calendar days [‘call frequency prong’]; or
  • Within a period of seven consecutive calendar days after having had a telephone conversation with the person in connection with the collection of such debt [‘conversation frequency prong’].

The presumption of a violation applies if the debt collector exceeds one or both prongs of the standard.

12 CFR [Section] 1006.14(b)(2)(ii).

The term ‘particular debt’ means each of a consumer’s debts in collection, except in the case of student loan debt. 12 CFR [Section] 1006.14(b)(4). For more information about the definition of ‘particular debt’ as it applies to student loan debt, see Section 7.1.1 in the Debt Collection Small Entity Compliance Guide. In addition, certain telephone calls are excluded from the presumptions related to telephone call frequency. 12 CFR [Section] 1006.14(b)(3). For more information about excluded telephone calls, see Debt Collection Telephone Call Frequency: Excluded Calls Question 1.

For more information about the prohibition against repeated or continuous telephone calls or conversations, see Section 7 in the Debt Collection Small Entity Compliance Guide.”

Read the CFPB’s complete debt collection rule FAQs here.

Related Content from ACA International:

Reg F Question of the Week: Are Debt Collectors Required to Use Their Legal or Registered DBA Name in a Limited-Content Message?

Reg F Question of the Week: Can a Person Limit Debt Collector Communications?

Reg F Question of the Week: What is the Opt-Out Notice Requirement for Electronic Communications?

If you have executive leadership updates or other member news to share with ACA, contact our communications department at [email protected]. View our publications page for more information and our news submission guidelines here.

Join the Conversation on The Hub

Subscribe to Our Publications

Advertising Media Kit

ACA Events Calendar

Facebook LinkedIn Twitter YouTube Instagram

If you have executive leadership updates or other member news to share with ACA, contact our communications department at [email protected]. View our publications page for more information and our news submission guidelines here.

Advertisement

Collector Magazine

Advertisement

SearchPoint
One moment please...

Share Profile

This site uses cookies. By continuing to use our site, you are agreeing to our use of cookies. Review our Privacy Policy for more information. You may change your preferences on how cookies are stored by reviewing the settings on your browser.

The content on this site is presented for educational, general reference, and informational purposes only; is not intended to serve as legal or other advice; is not intended to be a full and exhaustive explanation of the law in any area; and should not replace the advice of your own legal counsel. By continuing to use our site, you are agreeing to the legal disclaimers in our Terms of Use. Review our Terms of Use for more information.

Friendly Reminder

Get continued access to ACA International’s wide array of resources, which can help you become more profitable, compliant and successful.

Renew your membership today to take advantage of tools you won’t find anywhere else:

  • Discounts on seminars, products, services and events
  • Resources to strengthen your compliance department
  • Industry-specific risk management products and services
  • Participation in ACA’s online community, The Hub
    Members-only website content
  • Professional development and training opportunities, and so much more!

If you have completed your renewal, please disregard this reminder.