The Rules Have Changed—Have You?
The debt collection landscape in 2025 looks a lot different than it did just a few years ago. Between Regulation F updates, stricter state laws, and rising scrutiny from the Consumer Financial Protection Bureau (CFPB), debt collectors can’t afford to guess what’s allowed anymore. Texting, voicemails, DMs—done right, they streamline collection efforts. Done wrong, they can trigger lawsuits, fines, or worse.
If you’re running a third-party collection agency, staying compliant isn’t just a box to check—it’s essential for protecting your license, your clients, and your bottom line. This guide breaks down what you can (and can’t) do when contacting consumers, along with practical tips to modernize your outreach without crossing legal lines.
Federal vs. State Law: The Foundation of Compliance
The Federal Fair Debt Collection Practices Act (FDCPA)
Originally enacted in 1977 and updated by Regulation F in 2021, the FDCPA governs third-party debt collectors—not creditors collecting their own debts. It limits how and when you can contact consumers and is enforced by the Federal Trade Commission (FTC) and CFPB.
Under the FDCPA and Reg F, you must avoid:
- Calling at an unusual time (before 8 AM or after 9 PM local time)
- Misleading representations or false threats of legal action
- Leaving voicemails that don’t follow “limited-content message” rules
- Failing to send a validation notice (disclosing the amount of the debt and name of the creditor)
- Making more than 7 contact attempts in a seven-day period
Why State Law Might Matter More Than You Think
State regulation often goes further than federal law. For example:
- Washington’s "3-in-7" rule overrides the federal “7-in-7” contact limit.
- California requires a license and specific disclosures.
- New York restricts credit reporting for medical debt and regulates call frequency more aggressively.
Violating these rules can lead to penalties from the state attorney general’s office, consumer lawsuits (including attorney fees), and loss of client contracts.
Learn more: Modern Debt Collection Solutions | State Laws Agencies Must Know
Can You Leave a Voicemail? Yes—but Carefully.
Under Reg F, voicemails must follow the “limited-content message” format to avoid triggering further communication rules:
- State your name
- Provide your telephone number
- Say you're calling about an account
- Do not mention the name of the creditor, amount of the debt, or that you’re a debt collector
You’re allowed to use human-generated voicemail drops (ringless voicemail drops are considered pre-recorded messages, requiring prior consent under TCPA)— but make sure your software logs the attempt and tracks compliance. Leading platforms like Aktos handle this automatically across states.
Are Text Messages Legal? Yes, With Consent
Texting is a powerful tool, when done right. Debt collectors can text consumers, but only if:
- You have prior or express consent under the Telephone Consumer Protection Act (TCPA)
- You provide opt-out instructions (“Reply STOP to opt out”)
- You log and enforce revocations of consent
- You follow all contact frequency rules (federal and state)
Failing to do so could expose your agency to actual damages or fines of $500–$1,500 per violation. Consent tracking, time zone enforcement, and opt-out logging are must-haves—especially if you use automation.
Pro Tip: Don’t rely on guesswork or bolt-on compliance trackers. Use a platform like Aktos that logs every SMS, voicemail, and call attempt in real-time—with timestamps and consumer-specific rules based on their location.
Can You DM Debtors on Social Media?
This one’s tricky. Most agencies avoid this. Regulation F allows electronic communications only if:
- The channel is private
- You’ve verified it belongs to the consumer
- You follow FDCPA and TCPA rules
You must also avoid third-party disclosure. Accidentally messaging a spouse, roommate, or family member? That’s a violation—and it could cost you more than the debt itself. Most agencies avoid social media channels given the regulatory grey zone it can entail.
Can You Call on Sundays or Holidays?
There’s no blanket federal prohibition—but many state laws ban collection telephone calls on Sundays or holidays observed by the government. When in doubt, don’t dial.
With tools like Aktos, you can automatically suppress calls based on the consumer’s zip code, area code, or known holiday schedule. No need to remember which accounts you need to avoid calling on President’s Day—you can easily configure that into the platform.
What About Using Local Area Codes to Boost Answer Rates?
Calling from local numbers can often boost pickup rates from debtors who recognize the area code. But is it legal?
Debt collectors are allowed to use local numbers when making outbound calls for debt collection, but it's not always about the number itself, rather the overall compliance with regulations. While the FDCPA doesn't specifically prohibit local caller IDs, it does restrict misleading or deceptive practices. Debt collectors can use local numbers to make the calls seem less intrusive, but they must still comply with the FDCPA and other relevant laws.
Can You Use AI Voice Agents and Robocalls?
You can—but only if they’re compliant.
According to the FTC and TCPA, robocalls and AI voice agents must:
- Obtain consent before calling (either through pass through consent or express consent)
- Follow the CFPB mini-miranda rules (confirm ID before disclosure, etc.)
- State the agency’s name and callback number if requested
- Limit outreach to approved windows and volumes
- Escalate calls to a human for complex or sensitive issues
- Best practice: If the debtor asks if they are speaking to an AI, it is best practice to disclose that they are and ask if they would prefer to speak to a human agent instead
Systems like the Aktos AI Phone Agent do all of the above by design, including “warm transfers” and real-time escalation based on caller sentiment and responses.
Learn more: AI Phone Agent Compliance Made Simple
FAQs: What Debt Collectors Are Still Asking about in 2025
- How do I ensure I get pass through consent from our clients?
Pass through consent comes from the creditor, usually received through the consumer signing a contract or accepting terms and conditions (e.g. by creating an online account with the creditor).
- Can I contact someone if the statute of limitations has passed?
Yes, but only to inform them. You can’t threaten legal action or sue to collect time-barred debt.
- What debts are covered?
The FDCPA only applies to consumer debt—not business debt. That includes credit card bills, student loans, medical debt, utilities, and more used for household purposes.
- Can I still report to a credit reporting agency if the debt is disputed?
Not until after verification of the debt is complete, and you’ve sent proper validation and disclosures.
What to Do Next: Modernize Your Outreach, Not Just Your Script
Legacy platforms like Debtmaster or Finvi’s FACS can’t handle the complex compliance logic needed to follow both federal and state rules. If your system can’t track contact attempts by state, enforce Reg F caps, or auto-suppress further communication after a dispute—you’re collecting in the dark.
Aktos was built for this reality. With real-time dashboards, compliance automation, AI outreach, and built-in audit trails, it keeps your collection activities above board without slowing your team down.
Final Thoughts: Don’t Let the Rules Slow You Down
In 2025, debt collectors who thrive aren’t just good at recovery—they’re great at compliance. If your software, team, or process is stuck in the past, now’s the time to modernize.
Whether it’s voicemails, texts, or AI voice agents, the key is to collect debts smarter. Don’t get caught violating the FDCPA, TCPA, or state laws when there are platforms built to prevent it.
Ready to Modernize Your Communication Compliance?
Book a demo with Aktos to see how our built-in compliance engine helps agencies like yours stay aligned with every rule—from Reg F to Texas garnishment laws—and never miss a beat.
