The Fair Debt Collection Practices Act (FDCPA) and the California Rosenthal Fair Debt Collection Practices Act (RFDCPA) both specifically debt debt collectors and creditors are not allowed to call consumers before 8:00 a.m. or after 9:00 p.m. 15 U.S.C. Section 1692c(a)(1). Click here for a link to the code section.
Nonetheless, it is shocking how often debt collectors and creditors engage in this harassing and abusive activity. In almost no circumstances are collectors allowed to call you during this time period. If it does happen, it is virtually always an automatic violation of both the FDCPA and RFDCPA. If this has happened to you, we recommend taking a picture of your caller ID or at least writing down the date, time, and number that called you and contacting an attorney immediately.
No one deserves to be contacted by a creditor or debt collector while they are trying to sleep.
Several years ago we represented a consumer who was repeatedly called before 7:00 a.m. Our client lived on the west coast but had a cell phone number with an east coast area code. The debt collector claimed these calls were not its fault because it believed that our client lived on the east coast due to the client's cell phone area code. The debt collector made this argument despite knowing for over a year that our client moved to the west coast and sending our client collection letters to her west cost address.
We were able to force this debt collector to stop calling our client, pay our client money for breaking the FDCPA and RFDCPA, and the debt collector paid all of our attorney fees and costs.
If you live in San Diego, Los Angeles, or anywhere else in California, feel free to give us a call for a free and no obligation consultation. 1-800-219-3577.