It's (Thanksgiving Day) (Christmas Day) (Sunday), and the debt collector is calling me. Surely this is illegal?!
No, it is not necessarily illegal. A debt collector may call you any day of the week including Sundays and all holidays. However, a debt collector may not call at inconvenient times. Christmas Day is not inconvenient, you say? Well, that depends. The law, Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, et seq., states: "Without the prior consent of the consumer given directly to the debt collector... a debt collector may not communicate with a consumer in connection with the collection of any debt... at any unusual time or place known or which should be known to be inconvenient to the consumer." The FDCPA continues by advising that "In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after [8:00 a.m.] and before [9:00 p.m.], local time..." Thus, if a debt collector does not know or should not know when a convenient time is, he or she cannot call before 8:00 a.m. or after 9:00 p.m. There is no mention of holidays or Sundays. But, you could easily state, and the debt collector had better honor, not to call you on Thanksgiving and Christmas Days or even Sundays. If he or she does, you may have a FDCPA lawsuit entitling you up to $1000.00, actual damages, attorney's fees, and costs of litigation.
If you receive any type of phone call from a debt collector similar to this one, take very, very good notes and keep a log. Then contact an experienced consumer rights attorney right away! If any of your FDCPA rights were violated or if you want to find out if your rights were violated, visit www.ConsumerLitigators.com for a free, no obligation case evaluation by one of our experienced consumer rights attorneys. For the overwhelming majority of consumers, there is no out-of-pocket or upfront attorney’s fees or costs to them.