Debt collectors are not free to call and text whenever and as often as they like. Federal law sets specific limits on the time, place, and frequency of collection contacts, and modern rules extend those limits to texts, emails, and even social media messages. This article lays out exactly what collectors may do, where the lines are, and what a crossed line is worth to you.
Time and place: the baseline FDCPA rules
The Fair Debt Collection Practices Act, 15 U.S.C. § 1692c, sets the ground rules for when and where a collector may contact you about a consumer debt:
- Generally, no calls before 8:00 a.m. or after 9:00 p.m. in your local time zone, absent your consent.
- No contact at times or places the collector knows are inconvenient for you — and once you say a time or place is inconvenient, the collector is on notice.
- No workplace calls once the collector knows or has reason to know your employer prohibits them. Saying "my employer does not allow these calls" is enough.
- No contact once you are represented by an attorney for the debt, if the collector knows it and can reach your attorney.
These rules apply to third-party debt collectors under federal law, and California's Rosenthal Act, Civil Code § 1788 et seq., extends most of the same protections to original creditors collecting their own consumer debts.
Call frequency: the 7-in-7 rule
Regulation F, the CFPB rule implementing the FDCPA, added a concrete frequency standard in 12 C.F.R. § 1006.14. A collector is presumed to violate the law if it either:
- Places more than seven calls within seven consecutive days about a particular debt, or
- Places any call within seven consecutive days after having a telephone conversation with you about that debt.
Note the details. The threshold is per debt, so a collector working three accounts may place more total calls without triggering the frequency presumption, though the general prohibition against harassment still applies. Calls that reach the dialed number can count even if you do not answer, while calls that do not connect to the dialed number are excluded. Once you actually speak with the collector, the phone should generally go quiet for a week. Repeated back-to-back calls, hang-ups, and daily barrages are exactly what this rule targets — and a call log or screenshot of your recent-calls list is often useful evidence.
Texts, emails, and social media
Regulation F expressly permits collectors to use texts, emails, and private social media messages, but with conditions:
- Every electronic message must include a clear, conspicuous, and reasonable way to opt out of further messages to that address or number — such as "reply STOP." Once you opt out, further collection messages to that address or number are generally prohibited.
- Social media contact must be private. A collector may not post about your debt publicly or where friends and followers can see it, and it may not send a friend or connection request without identifying itself as a debt collector.
- The time-and-place rules still apply, so messages sent at known-inconvenient times remain off-limits.
Separately, calls using an artificial or prerecorded voice and texts sent using a qualifying automatic telephone dialing system may implicate the Telephone Consumer Protection Act, which provides statutory damages of $500 per violation and up to $1,500 for a willful or knowing violation when the contact is made without the required consent — a powerful additional claim when a collector blasts your phone with automated messages.
How to make the contact stop entirely
Under 15 U.S.C. § 1692c(c), you can demand in writing that a collector cease communication with you. After receiving the demand, the collector may contact you only to confirm that collection efforts are ending or to notify you that it may invoke, or intends to invoke, a specified remedy, such as filing suit. A cease letter does not erase the debt — and it can prompt a lawsuit rather than silence — so it is a tool to use deliberately, ideally alongside a timely written dispute exercising your debt validation rights. If sent within the applicable validation period, the dispute generally requires the collector to pause collection until it mails verification of the debt.
What violations are worth
The FDCPA gives consumers a private right of action: actual damages, statutory damages up to $1,000, and mandatory attorney fees and costs for a prevailing consumer, which is why counsel will often take these cases with no upfront fee. The Rosenthal Act adds its own damages, cumulative with federal law, and both statutes carry a one-year limitations period — so act while the evidence is fresh. Keep every voicemail, text, and screenshot, and note the date and time of each call. If the same collector has sued you, its contact violations can become counterclaims and settlement leverage in that case, a strategy we use regularly in collection defense and civil litigation.
Talk to a California business attorney
If a collector is calling around the clock, texting without an opt-out, or contacting you at work after being told to stop, a free consultation can tell you whether you have a claim and what it may be worth. Schedule a free consultation or call (949) 418-2113.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. The law changes, and this article reflects the law as of its publication date. Every situation is different — contact us to discuss how the law applies to your exact circumstances. See our full disclaimer.
