What are the general hours for contacting debtors via Email and SMS?
General Hours:
- Contact with debtors via Email and SMS should be made between 8 a.m. and 9 p.m. local time at the debtor’s location. This aligns with the time restrictions set by the Fair Debt Collection Practices Act (FDCPA) for phone calls.
Are there any exceptions to these contact hours?
- Yes, there are exceptions for customer-requested transactional emails and SMS messages.
What are the exceptions to the contact hours?
- Password Reset Emails:
- Justification: Sent automatically in response to a user-initiated request to regain account access.
- Timing: Can be sent at any time.
- Example: “You requested to reset your password. Click the link below to proceed. If you did not make this request, please contact our support team.”
- Payment Confirmation Receipts:
- Justification: Sent immediately after a debtor makes a payment to provide necessary confirmation.
- Timing: Can be sent at any time.
- Example: “Thank you for your payment of $X. Your transaction has been processed successfully. This is your receipt for your records.”
Why are these exceptions allowed?
- Nature of the Communication: These exceptions are allowed because they are not technically an attempt to collect a debt. Instead, they are responses to customer-initiated actions.
- Automated Responses: These communications are critical responses to actions initiated by the debtor, ensuring they receive timely and essential information.
- Security Considerations: For actions like password resets, immediate communication is necessary to maintain account security and prevent unauthorized access.
Safe Window in UTC for Sending Compliant Emails
To determine the safe window for sending emails compliant with FDCPA contact hours across all U.S. time zones, including Hawaii, we must account for the following:
- Contact hours are 8 a.m. to 9 p.m. local time.
- Earliest time zone: Eastern Time (UTC-5 during Standard Time, UTC-4 during Daylight Saving Time).
- Latest time zone: Hawaii-Aleutian Time (UTC-10 year-round).
Key Calculations:
- Start of Contact Hours:
- 8 a.m. in Hawaii (UTC-10) = 6 p.m. UTC.
- End of Contact Hours:
- 9 p.m. in Eastern Time (UTC-5 or UTC-4) = 2 a.m. UTC the next day.