Too many calls: the 7-in-7 rule
If a debt collector places more than 7 telephone calls to you within 7 consecutive days about the same debt, federal rules presume it is harassing you. The same presumption applies if it calls within 7 days after you had a telephone conversation with it about that debt. The presumption can be rebutted, and it counts telephone calls only, so the call record decides these cases.
Yes, there is a number. Since Regulation F took effect on November 30, 2021, a debt collector that places more than seven telephone calls to you in seven consecutive days about a particular debt is presumed to be harassing you. So is one that calls again within seven days after you actually spoke with it on the phone about that debt.
The presumption is a starting point, not a verdict. The collector can try to rebut it, and you can prove harassment below the number. Either way, the dates and times of the calls are the evidence. Log them in the call log, which flags any seven-day window over the line, and run your facts through the checker.
What it looks like
- Two or three calls a day. Morning, afternoon and evening, every day, adding up to 10 or 15 calls in a week about one account.
- A call right after you talked. You spoke with a representative on Monday, explained your situation, and they called again on Wednesday.
- Rotating numbers. Calls from different local-looking numbers that all turn out to be the same collector, so the volume is hidden.
- Hang-ups and silent calls. The phone rings, you answer, and no one is there, or the call drops when you pick up.
- Calls that continue after a dispute. You told them the debt is not yours, or not the right amount, and the calls kept coming at the same pace.
The law
The FDCPA forbids causing a telephone to ring, or engaging any person in telephone conversation, repeatedly or continuously with intent to annoy, abuse or harass any person at the called number (15 U.S.C. § 1692d(5)). Regulation F restates that rule (12 C.F.R. § 1006.14(b)(1)) and adds a presumption to make it workable.
Under 12 C.F.R. § 1006.14(b)(2), a collector is presumed to violate the rule if it places a telephone call to a particular person in connection with a particular debt:
- more than 7 times within 7 consecutive days; or
- within 7 consecutive days after having had a telephone conversation with that person about that debt.
If the collector stays at or under those limits, it is presumed to comply. Both presumptions are rebuttable. A collector over the line may argue its calls had a legitimate reason. A consumer under the line may show intent to annoy from the pattern, the timing, or calls continuing after a request to stop.
What counts and what does not
The rule counts telephone calls the collector places, answered or not. Three kinds of calls are excluded from the count (12 C.F.R. § 1006.14(b)(3)): calls made with your prior consent given directly to the collector within the past seven days, calls that do not connect to the number dialed, and calls to certain other people, such as your attorney or the creditor. Texts and emails are never added to the count. They are covered by other rules, explained on the texts, emails and social media page.
What you have to show
That the caller is a debt collector under the FDCPA, that the debt is a consumer debt, and the call record: date, time, number and whether you spoke. Your phone's call history, the carrier's records and your own log carry that proof.
What you can recover
Under 15 U.S.C. § 1692k(a), a collector that violates the FDCPA is liable for your actual damages plus additional statutory damages of up to $1,000 per lawsuit. The statutory damages do not multiply by the number of calls. The FDCPA requires a company found liable to pay the consumer's reasonable attorney's fees and costs.
In Florida, the FCCPA adds its own statutory damages of up to $1,000, actual damages and possible punitive damages (Fla. Stat. § 559.77(2)). In New York, GBL 349 provides actual damages or $50, whichever is greater, which the court may increase to three times actual damages up to $1,000 for a willful or knowing violation. This site does not estimate what a case is worth; the what you get page explains the categories.
What to do now
- Screenshot your call history today. Many phones keep only a limited number of entries. Capture the whole list with dates and times.
- Start a log. Use the call log or a notebook: date, time, number, answered or not, and what was said. The log is kept on your device only if you choose.
- Save voicemails. A voicemail proves the call and usually the caller's name.
- Match numbers to the collector. Search the numbers against the collector's letters so you can show every call came from the same company.
- Consider a written stop request. A letter telling the collector to stop contacting you ends most contact (15 U.S.C. § 1692c(c)). See ignored stop request.
Carrier records
Your phone carrier keeps call detail records that can back up your screenshots. A lawyer can request them in a case. Your own screenshots are still worth taking now.
The clock
| Claim | Time to sue | Authority |
|---|---|---|
| FDCPA | 1 year from each violation | 15 U.S.C. § 1692k(d) |
| Florida FCCPA | 2 years from the violation | Fla. Stat. § 559.77(4) |
| New York GBL 349 | 3 years | N.Y. CPLR 214(2) |
There is no discovery rule under the FDCPA (Rotkiske v. Klemm, 589 U.S. 8 (2019)). A week of calls eleven months ago has one month left.
In New York, New Jersey and Florida
New York. GBL 601(6) bars communication with such frequency as can reasonably be expected to abuse or harass. It is enforced by the Attorney General and district attorneys, so consumers usually sue under GBL 349, which lets the court award a prevailing consumer reasonable attorney's fees. New York City collectors also answer to the DCWP rules at 6 RCNY 5-77. See the New York page.
New Jersey. The federal 7-in-7 presumption applies in full. See the New Jersey page.
Florida. The FCCPA forbids willfully communicating with the debtor or any member of the family with such frequency as can reasonably be expected to harass (Fla. Stat. § 559.72(7)). It reaches original creditors as well as collectors, and the FCCPA requires a company found liable to pay the consumer's reasonable attorney's fees and costs. See the Florida page.
Harassing calls
The full harassment section: threats, profanity, hidden identity.
Harassing calls →Calls at bad hours
Before 8 a.m. or after 9 p.m. is presumed inconvenient.
Calls at bad hours →Texts and emails
They do not count toward 7-in-7, but they have rules of their own.
Texts, emails, social media →Common questions
Do missed calls and voicemails count toward the 7 calls?
A call the collector places counts whether or not you answer, which is why the rule speaks of placing calls. The regulation excludes calls that do not connect to the dialed number, calls made with your prior consent given within the past seven days, and calls to certain people such as your lawyer. Log every call, answered or not, and let a lawyer sort which ones count.
Do texts and emails count toward the 7-in-7 rule?
No. The presumption in 12 C.F.R. 1006.14(b)(2) counts telephone calls only. Texts and emails are not added to the count. They can still be harassment under the general rule if their volume or content is abusive, and each one must include a way to opt out.
The collector called 6 times a week for two months. Is that legal?
It stays under the presumption, so the collector is presumed to comply. That presumption can be rebutted too. A steady pattern of calls with intent to annoy can still violate 15 U.S.C. 1692d(5), especially after you asked them to stop or told them you dispute the debt. Keep the log.
Does the rule apply per collector or per debt?
Per debt. The count is calls about a particular debt. A collector handling two of your debts could place calls on each, so write down which debt each call was about when you can.
Tell us what they did.
One conversation with an attorney, in your language. We tell you which laws the collector or the credit bureau broke, which deadline runs first, and what to save this week. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510The FDCPA and the FCRA require a company found liable to pay the consumer’s reasonable attorney’s fees and costs. Our fee arrangement is confirmed in a written retainer before we begin. English, Russian and Spanish in-house; an interpreter for any other language.