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Debt Collectors & Debt Buyers FDCPA Violations & Enforcement
Generate this letterHarassment & Excessive Phone Call Violation Notice (Reg F 7/7/7 Rule Violation)
When to use it
Send when a collector violates Reg F's 7/7/7 phone call frequency limits (calling more than 7 times in 7 days or within 7 days of a phone conversation).
Preview
Bracketed fields are filled in from your account when you generate it.
[CLIENT FULL NAME]
[CLIENT ADDRESS LINE1]
[CLIENT CITY], [CLIENT STATE] [CLIENT ZIP]
Phone: [CLIENT PHONE]
Email: [CLIENT EMAIL]
Date: [TODAY]
[RECIPIENT NAME]
[RECIPIENT ADDRESS BLOCK]
RE: NOTICE OF UNLAWFUL HARASSMENT AND STATUTORY CALL FREQUENCY VIOLATIONS (15 U.S.C. § 1692d & 12 CFR § 1006.14(b))
Account Number: [ACCOUNT ACCOUNT NUMBER MASKED]
Original Creditor: [ACCOUNT ORIGINAL CREDITOR]
Collector Reference #: [ACCOUNT COLLECTOR REFERENCE]
Dear [RECIPIENT NAME],
I am writing to place your agency on formal notice of repeated, unlawful harassment and excessive telephone contact regarding the above-referenced account.
Under 15 U.S.C. § 1692d, a debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Specifically, 15 U.S.C. § 1692d(5) prohibits causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass.
Furthermore, under CFPB Regulation F, 12 CFR § 1006.14(b)(2), a debt collector IS PRESUMED TO VIOLATE federal law if the debt collector places a telephone call regarding a debt:
1. More than seven (7) times within seven (7) consecutive days; OR
2. Within seven (7) consecutive days after having a telephone conversation with the consumer regarding the debt.
According to detailed call records, on [VIOLATION DATE], your agency engaged in the following prohibited calling pattern: [VIOLATION DESCRIPTION]. Your agency placed calls exceeding the statutory 7-call cap within a 7-day period.
This continuous barrage of phone calls constitutes actionable harassment under 15 U.S.C. § 1692d.
I demand that you IMMEDIATELY cease all telephone contact. Any future communications must be conducted exclusively in writing via U.S. Mail. Continued telephone violations will result in immediate litigation for statutory damages under 15 U.S.C. § 1692k.
Sincerely,
[CLIENT FULL NAME]
Sent via Certified Mail, Return Receipt Requested: [LETTER CERTIFIED NUMBER]
Legal basis
15 U.S.C. § 1692d12 CFR § 1006.14(b)Enclose
- Copy of Phone Call Log / Call Records
Before you send
- Call logs documenting excessive phone placement by debt collector.
Know this first
- Do not admit owing the debt or promise to make any payment, as doing so may restart or reset the statute of limitations in some state jurisdictions.
- Under 12 CFR § 1006.14(b), calling a consumer regarding a debt more than 7 times within 7 consecutive days, or calling within 7 days of having a telephone conversation about the debt, creates a statutory presumption of harassment.
Follow up
Allow about 15 days for a response.