In today’s difficult economy, we are making more collection calls than we have in recent memory. What rules govern the times of day when we can make collection calls? Are there any Illinois laws that place greater restrictions on collection calls than federal law?

The federal Fair Debt Collection Practices Act (FDCPA) restricts the timing of collection calls to after 8:00 a.m. and before 9:00 p.m. 15 USC 1692c(a)(1). Of course, that law does not apply to banks (and other businesses) that are collecting their own debts in their own names, though your institution may voluntarily comply with its requirements. 15 USC 1692a(6).

We are not aware of any Illinois laws that directly restrict the timing of collection calls. For example, the Consumer Fraud and Deceptive Business Practices Act includes some restrictions on collection calls, but it doesn’t restrict the times of days when a collector may call a debtor. It does prohibit (1) attempts to collect a debt from a debtor’s spouse and (2) contacting a debtor’s employer in an attempt to collect a debt, with exceptions to both rules. 815 ILCS 505/2H815 ILCS 505/2I. Also note that other Illinois laws require compliance with do-not-call registries (the Restricted Call Registry Act) and restrict the use of robocallers (the Automatic Telephone Dialers Act).