If you are wondering, “Can a debt collector call me at any time?”, the answer is no. Federal law strictly limits when a debt collector can contact you, and there are additional protections beyond just the clock. Under the Fair Debt Collection Practices Act (FDCPA), a collector generally may not contact you at a time or place it knows, or should know, is inconvenient for you. Calls before 8 a.m. or after 9 p.m., local time where you are, are presumed inconvenient unless you have indicated otherwise.
A call inside those hours can still be improper if the collector knows it is a bad time for you. Collectors also generally cannot call you at work if they know or have reason to know your employer prohibits it, or call repeatedly to annoy, abuse, or harass. A written request can stop contact, but it does not erase the debt. If these rules were broken, document it and talk with a South Carolina consumer protection attorney at Shelly Leeke Law Firm.
What Hours Can a Debt Collector Legally Call Me?
Under 15 U.S.C. § 1692c(a)(1), unless the collector knows of circumstances to the contrary, it must assume the convenient time to communicate with you is after 8 a.m. and before 9 p.m., “local time at the consumer’s location.”
Your time zone controls, not the collector’s. A 7 p.m. call from a Pacific-time office is 10 p.m. in South Carolina.
The Consumer Financial Protection Bureau’s rule implementing the FDCPA, Regulation F (12 C.F.R. § 1006.6), adds that if a collector has conflicting location information, it must call only at times convenient in every location indicated.
The rule covers communications generally, not only calls, and you can tell a collector that a different time works for you.
Does “Convenient Time” Mean More Than Just the Clock?
Yes. The statute bars contact “at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.” The 8 a.m.–9 p.m. window is only the default assumption when the collector knows nothing more.
If the collector knows something different, the analysis can change. For example, if you have told a collector you work nights and sleep during the day, a call at 10 a.m. could be at a time known to be inconvenient, even though it falls within the standard window. Telling the collector in writing which times and places do not work creates a record of what it knew.
Can a Debt Collector Call Me at Any Time at Work?
Not always. Under 15 U.S.C. § 1692c(a)(3), a collector may not contact you at your place of employment if it “knows or has reason to know” that your employer prohibits you from receiving such communications.
This is broader than “only if you tell them.” Telling the collector is the most reliable way to establish knowledge, but it can also have reason to know in other ways. If a debt collector keeps calling your workplace:
- Tell the collector you cannot receive calls at work, and confirm it in writing.
- Keep a copy and log any later workplace calls.
South Carolina’s Consumer Protection Code also lists contacting a consumer at work after the consumer or employer has asked in writing that no contacts be made there as a factor in unconscionable collection conduct (S.C. Code § 37-5-108), with limited exceptions such as verifying employment.
How Many Times Can a Debt Collector Call Me?
The FDCPA statute itself does not set a fixed number. Under 15 U.S.C. § 1692d(5), a collector may not cause a telephone to ring, or engage any person in telephone conversation, “repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.” Frequency and intent are judged case by case.
The CFPB Regulation F (12 C.F.R. § 1006.14(b)) adds a benchmark. A collector is presumed to comply if it calls a person about a particular debt no more than seven times within seven consecutive days, and does not call within seven days after having a phone conversation with that person about the debt. Calling more often is presumed to violate the rule. Both presumptions are rebuttable, so this is not an absolute limit, and it covers calls, not texts or emails.
South Carolina law also treats communicating “at frequent intervals during a twenty-four hour period or at unusual hours” in a way that suggests the purpose is to harass as a factor in unconscionable debt collection (S.C. Code § 37-5-108). A detailed call log is the best evidence of repeated calls.
Can I Make a Debt Collector Stop Contacting Me Completely?
Yes. Under 15 U.S.C. § 1692c(c), if you notify a debt collector in writing that you refuse to pay the debt or that you want it to stop communicating with you, it generally may not contact you further about that debt, except to:
- Tell you it is ending its collection efforts;
- Notify you that it or the creditor may use specified remedies it ordinarily uses; or
- Notify you that it or the creditor intends to use a specified remedy, such as filing a lawsuit.
Send a cease communication letter, keep a copy, and consider certified mail with return receipt; a mailed notice is complete when received.
What it does not do: a cease communication letter does not eliminate the debt. The debt still exists, and the creditor or collector may still be able to sue to collect it. If you are sued, respond by the deadline in the court papers.
Does This Apply to the Original Creditor Too?
Not in the same way. The FDCPA generally applies to “debt collectors,” defined in 15 U.S.C. § 1692a(6) mainly as businesses that collect debts owed to others, such as collection agencies. Employees of a creditor collecting the creditor’s own debts in the creditor’s name are generally excluded. However, a creditor that uses a different name suggesting a third party is collecting can be treated as a debt collector.
Still, South Carolina’s Consumer Protection Code (S.C. Code § 37-5-108) addresses unconscionable conduct in collecting debts from consumer credit transactions, and it is not limited to collection agencies. Whether it applies depends on the debt and the facts.
What About Other Ways a Debt Collector Might Contact Me?
Separate rules govern contact with family, friends, neighbors, or your employer about your debt. See our FAQ: Can a debt collector call other people about my debt?
What Can I Do If a Debt Collector Breaks These Rules?
Start by building a record:
- Log every call: date, time, phone number, the collector’s name, and what was said.
- Save voicemails, texts, emails, letters, and envelopes.
- Keep copies of anything you sent, such as a stop-contact letter, with proof of delivery.
Then consider your options:
- File a complaint with the CFPB: You can submit a complaint to the Consumer Financial Protection Bureau online; companies generally respond within 15 days.
- File a complaint in South Carolina: The South Carolina Department of Consumer Affairs accepts consumer complaints online or by mail.
- Consider a claim: Under 15 U.S.C. § 1692k, a collector that violates the FDCPA may be liable for actual damages, additional statutory damages awarded by the court, and court costs and reasonable attorney’s fees in a successful case. Results are not guaranteed.
Timing matters. Under § 1692k(d), an FDCPA lawsuit generally must be filed within one year from the date of the violation. A violation does not cancel the debt.
How Can a South Carolina Consumer Protection Attorney Help?
A South Carolina debt collection attorney can:
- Evaluate whether a collector’s calls violated the FDCPA, Regulation F, or South Carolina law.
- Communicate with the collector on your behalf; once it knows you have an attorney, it generally must deal with the attorney.
- Pursue a claim where the facts support one.
No attorney can guarantee a particular result.
Get Help Ending Illegal Debt Collection Calls at Shelly Leeke Law Firm
If you are wondering can a debt collector call me at any time in South Carolina, let our experienced legal team evaluate your call logs and communications.
If a collection agency violated the FDCPA or Regulation F by calling at inconvenient hours or at work, we are here to help enforce your legal protections.
