When It Comes to Debt Collectors, What is Unusual?

While one of our clients was in the hospital [from a car crash], he got a debt collection call. Needless to say it upset him and his family. What made it more upsetting was that it was not his debt. He kept telling the debt collector that he had the wrong person, but the debt collector kept calling.

Upsetting – yes, but is it illegal? Federal law prohibits a debt collector from communicating with a consumer at any unusual time or place. 15 USC § 1692c(a)(1). This is somewhat weak wording in the law. Obviously, a debt collector can argue that calling someone in the hospital, for example, is not unusual. The best way to protect yourself in this circumstance is to tell the debt collector that you consider the time or place to be unusual. Tell the debt collector you are in the hospital and that you consider calling you there unusual. If the calls persist, send the debt collector a letter or email.

Don’t expect a debt collector to know what is unusual to you. If you don’t want to be bothered at church on Sunday, or during your dialysis on Thursday afternoon or whatever, tell the caller you consider calling those places unusual. Debt collectors are already prohibited from calling before 8 in the morning or after 9 at night. If, however, those times would be unusual to you (say, for example, you work the night shift and sleep during the day), the best practice would be to tell the caller that you consider it unusual so that you can curb the calls. -Brandon Blankenship (205)912-8248
Blankenship Harrelson, LLP