Under the FDCPA and Regulation F, a third-party debt collector is presumed to harass you if it calls about one debt more than seven times in seven days, or within seven days after talking with you. Collectors also cannot call before 8 a.m. or after 9 p.m. Violations allow actual damages plus up to $1,000.
Who the FDCPA applies to
The Fair Debt Collection Practices Act, 15 U.S.C. 1692 and following, covers third-party debt collectors: collection agencies, debt buyers, and law firms that regularly collect consumer debts for others. It generally does not cover the original creditor collecting its own debt. If your bank or card issuer is the one calling, the FDCPA may not apply, but the TCPA still can. Our page on debt collector robocalls covers that side.
The CFPB’s Regulation F, 12 C.F.R. Part 1006, fills in the details. It is where the specific call-frequency rule lives.
The 7-in-7 rule, in the regulation’s own terms
Section 1006.14(b)(2) sets a presumption. A debt collector is presumed to violate the ban on harassing calls if it places a telephone call to a particular person about a particular debt:
- more than seven times within seven consecutive days, or
- within seven consecutive days after having had a telephone conversation with that person about the debt.
Staying under both limits gives the collector a presumption of compliance. Going over creates a presumption of a violation. Both presumptions can be rebutted with other facts.
The CFPB explains three points that decide most cases:
- Voicemails count. “Placing a telephone call” includes calls that go to voicemail. Unanswered calls are still calls.
- The count is per debt. A collector handling three of your accounts can, in theory, call about each one. That is a common surprise.
- Texts and emails are outside the count. The CFPB says the limits “only apply to telephone calls” and not to texts, emails, in-person contact or social media messages, which have other protections.
The CFPB also notes that pattern matters. Seven calls in a single day could still be harassment even though it stays under seven in seven days.
Some calls are excluded from the count under 1006.14(b)(3): calls you gave prior consent to within the past seven days, calls that do not connect to the dialed number, and calls to certain people such as your attorney.
Other call rules collectors must follow
| Rule | Where it is | What it means for you |
|---|---|---|
| No calls before 8 a.m. or after 9 p.m. your local time | 15 U.S.C. 1692c(a)(1); 12 C.F.R. 1006.6(b)(1)(i) | Those hours are presumed inconvenient. You can also name other inconvenient times. |
| No calls at work if your employer prohibits them | 1692c(a)(3); 1006.6(b)(3) | Tell the collector once. After that it “knows or has reason to know.” |
| Stop after written notice | 1692c(c); 1006.6(c) | A written refusal to pay or request to stop ends most contact about that debt. |
| Stop using a channel you ask it to stop using | 1006.14(h) | You can say “no calls to my cell” but allow mail. |
| Texts and emails need an opt-out | 1006.6(e) | Every electronic message must give a simple way to opt out, at no cost. |
| No repeated calls meant to annoy or harass | 1692d(5) | Applies even without hitting the 7-in-7 numbers. |
| Must disclose identity | 1692d(6) | Calls without “meaningful disclosure of the caller’s identity” are prohibited. |
| No contact once you have a lawyer | 1006.6 | If the collector knows you have an attorney on the debt, it must deal with the attorney. |
Damages under the FDCPA
Section 1692k lets you recover:
- Actual damages, such as lost wages, phone charges, or emotional distress supported by evidence.
- Statutory damages up to $1,000 per lawsuit (not per call). In a class action, the cap is the lesser of $500,000 or 1% of the collector’s net worth.
- Attorney’s fees and costs if you win, paid by the collector.
That fee-shifting rule is why many consumer lawyers take FDCPA cases even when the damages are modest. The collector can avoid liability by proving a “bona fide error” despite procedures reasonably designed to prevent it.
The deadline is short: one year from the date of the violation (1692k(d)). That is much shorter than the four-year period that applies to TCPA claims. Calls older than a year usually cannot support an FDCPA claim.
A regulator’s example
On April 6, 2021, the CFPB announced an action against Yorba Capital Management and its former owner, Daniel Portilla Jr. The CFPB said the collector harassed thousands of consumers by falsely threatening legal action, in violation of the FDCPA and the Consumer Financial Protection Act. The company and Portilla were banned from debt collection. The case shows that the CFPB treats threatening, pressuring calls as an enforcement priority, not only call counts.
When it probably is not an FDCPA violation
- Six calls in a week, spread out, at reasonable hours, from an agency that identifies itself. Annoying, but likely lawful.
- Calls from your original lender about its own loan. Look to the TCPA and state law instead.
- Calls about a business debt. The FDCPA covers consumer debts: personal, family or household.
How to build the record
- Write down every call: date, time, number, whether it connected, and what was said. Count calls per debt in any seven-day window.
- Note the date of any real conversation, then watch for calls in the next seven days.
- Send a written cease letter or a channel restriction and keep proof of mailing.
- Keep the validation notice the collector sent. It names the collector and the debt, which you need for a claim.
- Screenshot call logs before your phone deletes older entries.
What to do next if a collector is over the limit
Because the FDCPA deadline is one year, do not wait. Pull your call log now and count calls per seven-day window. If the collector also used recorded messages on your cell phone, you may have a TCPA claim on top of the FDCPA claim. The TCPA’s four-year filing window gives that part more time. If the calls feel threatening or personal rather than routine, read our guide to harassing phone calls as well. Then send your log for a free review.
Frequently asked questions
How many times can a debt collector call you in a day?
Regulation F does not set a daily number. It uses a weekly presumption: more than seven calls about one debt in seven days is presumed harassment. Several calls in one day can still be harassment depending on the pattern and intent.
Do text messages count toward the 7 calls in 7 days?
No. The CFPB says the limit applies only to phone calls. Texts and emails must include an easy opt-out, and you can tell the collector to stop using a specific channel.
Can I sue a debt collector for calling too much?
Yes. The FDCPA lets you sue for actual damages, up to $1,000 in statutory damages, and attorney’s fees. You must file within one year of the violation.
Does the 7-in-7 rule apply to my credit card company?
Usually not. Regulation F applies to third-party debt collectors, not original creditors collecting their own debts. Some state laws do reach creditors, and the TCPA applies to both if robocalls are involved.
What should a cease communication letter say?
Keep it short: your name, the account or reference number, and a statement that you want the collector to stop communicating with you about the debt. Send it in a way you can prove, and keep a copy.
Sources
- 12 C.F.R. 1006.14, harassing, oppressive or abusive conduct (Cornell LII)
- 12 C.F.R. 1006.6, communications in connection with debt collection (Cornell LII)
- CFPB: When and how often can a debt collector call me on the phone?
- 15 U.S.C. 1692c (Cornell LII)
- 15 U.S.C. 1692d (Cornell LII)
- 15 U.S.C. 1692k (Cornell LII)
- CFPB press release (Apr. 6, 2021): Action against Yorba Capital Management and owner