It is surprising how often consumers think creditors are restricted to placing collection calls only during business hours.
It’s not uncommon for some for some to be irate at a rude lender daring to call after business hours. People complain about the interruption of the dinner hour or the intrusion on family time and claim credit card company calls during non-business hours are rude.
It’s true that debt collection calls seem to come at inconvenient times – but perhaps any call demand money would be inconvenient.
Before asking “can a credit card company call during non-business hours”, it’s good to stop and remember why the calls are being made. You owe money on debt you created. You agreed to make certain monthly payments and you have broken that agreement.
Collection Calls Regulated by Law
Credit card companies can call during non-business hours but only within the law. The Fair Debt Collection Practices Act (FDCPA) established guidelines for when debt collectors may call.
Calls can be made to you between 8 am and 9 pm. These hours are to be your local time, not the lenders.
Credit card companies can call you at work unless you have told them your employer disapproves. If you send a “cease and desist” letter demanding calls be stopped, the creditor can call you one time only after receipt of your letter.
Weekend and holiday calls are open to interpretation under federal guidelines but are restricted by the laws in some states. If you have given permission, creditors can call you earlier or later than the guidelines provided.
Credit card company calls during non-business hours cannot be used to harass or threaten you. The caller may not use foul language or threaten to sue you in court (though if you fail to pay, court action may be forthcoming).
Deceptive practices are prohibited. Can a credit card company call during non-business hours and request payment of your debt? Yes. However, the caller cannot threaten to garnish wages or sell your property if that action is illegal in your state.
If the person calling represents an after market collection agency rather than the original credit card company, they must cannot say they are with your original lending bank.
Controlling the Conversation
If you receive a collection call at work you may be interested only in ending the call quickly and saying as little as possible if you are where co-workers can hear your side of the conversation.
A credit card collection call during non-business hours is a call you should learn to manage. Know what your rights are under federal law and in the state where you live.
Instead of just responding in a defensive way to a credit card collection call, there are questions you should ask and answers you should refuse to give.
You have the right to know who is calling so ask the person’s name. They may not give you an accurate name – but should the case go to court that could be a factor.
If you have the ability to record the call, tell them you are recording the call immediately after asking for their name. Ask if they are calling for the credit card company or are employed by a debt collection company. Ask until you get a clear answer.
Do not answer any questions about your income, pay dates, amount of take home pay or whether your spouse is working. Your sources of income are not the caller’s business. Do not say where you bank, what your mortgage or rent amount is or whether you have other loans.
Recommended Reading
- Do you want to know why your credit card application was rejected?
- How do you calculate your monthly payment on your cards?
- Is it possible to check status on your card application, or?
Summary
Can a credit card company call during non-business hours for a late payment? Yes, they can as long as the calls are made within the parameters of the federal guidelines and state laws in the state where you live.
