Is It Unlawful for a Debt Collector to Contact Me During the Holidays?


The holiday season can be a stressful time for many consumers in Oak Park, especially if finances are tight. For many consumers in Chicagoland, the holiday season is also a reminder of credit card debt and the inability to cover the high costs associated with holiday gifts, parties, and other expenditures. While some consumers know their rights under the Fair Debt Collection Practices Act (FDCPA), many others do not understand their rights—or the responsibilities of debt collectors—according to the federal law. The FDCPA, in short, prohibits deceptive, fraudulent, and otherwise unfair debt collection practices.
One question that consumers might ask who have some familiarity with the FDCPA and its protections is, “Is it unlawful under the FDCPA for a debt collector to contact me during the holidays? More specifically, can a debt collector call me multiple times on, for example, Thanksgiving Day or Christmas Day?” An article in Credit.com addresses this question, and we want to refer to it to discuss the legality of debt collection practices during the holiday season.
FDCPA Does Not Specifically Prohibit Calling During the Holidays
In short, the FDCPA does not have a specific provision that prohibits contact with debtors during the holidays. Yet, the fact that the FDCPA does not specifically prohibit it does not mean that it is not unlawful under the FDCPA. There are numerous aspects of the FDCPA that could apply to debt collection tactics that involve calling on specific holidays. Most likely, the prohibition against calling at “inconvenient” times could mean that calling on Thanksgiving Day, or calling on Christmas Eve or New Year’s Eve, would be considered an “inconvenient” time.
As the Consumer Financial Protection Bureau (CFPB) explains, the FDCPA has specific “time and place” restrictions that clarify that debtors are prohibited from calling at “an unusual time or place, or at a time or place they know is inconvenient to you.” The federal law does not specify that a particular national holiday would be classified as an “unusual” or “inconvenient” time, but it does not state that it is not, either. Accordingly, a debtor may be able to argue that calls on particular holidays are indeed calls at unusual and/or inconvenient times and thus are prohibited under the law.
The FDCPA does specifically outline a prohibition against calling before 8:00am or after 9:00pm. As such, calling on New Year’s Eve or Christmas Eve after 9:00pm would be specifically unlawful under the statute.
How to Protect Yourself from Debt Collectors During the Holidays
If you are anticipating frequent calls from debt collectors during the holiday season, there are some steps you can take to prevent debt collectors from calling on, for example, Thanksgiving Day or Christmas Eve.
If a debtor sends a written request to a creditor asking that they stop calling, then the debt collector is required to stop calling under the FDCPA. This does not mean that you no longer owe the debt, but only that the debt collection company can not continue to call you. In addition, if you hire a lawyer, debt collectors are not permitted to contact you directly and doing so would be a violation of the FDCPA.
Contact an Oak Park Consumer Protection Lawyer
If you are being harassed by a debt collector, or if you believe a debt collector’s contact has violated the FDCPA, a dedicated consumer protection lawyer in Oak Park can speak with you about your options. Contact the Emerson Law Firm today for more information.
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