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In our Research Assistant Peer Group meeting this week, we chatted about whether you should ask for permission to call back within 7 days, and if so, how should that question be asked.
If you haven’t pulled out Reg F in a while (like many of us who were on the call!), here is a reminder:
Commonly known as the “777 Rule”, Reg F says you can attempt to contact a consumer by phone 7 times in a 7 consecutive day period. If you reach them or have a “communication”, you must wait 7 consecutive days before attempting to communicate by phone again. The one exception is if you have permission to attempt to reach them by phone in the next 7 days. This permission only lasts for 7 days, and each time you have communication by phone with the consumer, you would need to get permission again.
Thus comes the question: Should your agents ask for permission to call the consumer back within 7 days? Should they be specific or vague? Or should they say nothing at all?
Some members suggested that the best approach was to ask specifically but keep it simple and to the point. For example, “If I need to, can I call you back within the next 7 days?” or “If needed, can I call you back within the next week?” or by asking a similar question that includes the time frame. If the consumer says no, worst case scenario, you have to wait 7 days to call back.
Some members suggested that whether an agent asks this question or not should be removed from scorecards. Those who aligned with this position said agents should have the freedom to decide when to refrain from asking this question. Particularly if they already know the response will be, “no,” such as when a consumer is uncooperative, rude, short tempered, unfriendly, complaining, confused or combative. Asking the question when they already know it’s a “no” doesn’t serve anyone. Notably, if the agent doesn’t ask the question, the only result is you must wait 7 consecutive days before trying to contact the consumer again.
What about taking out the time frame and simply asking, “Can I call you back?” The general consensus from the group was that removing the 7-day time frame from the question is problematic. If the consumer says “yes”, there’s no issue, but if the consumer says “no”, that “no” is indefinite and now, you cannot call them even after the 7-day time frame! If your agents are asking “Can I call or text you back?” it’s even worse; a “no” would limit you on calls and texts indefinitely!
Finally, the group noticed that it may be permissible to call a consumer back without permission if a situation arises where it might be in the consumers’ best interest to call them back before 7 days pass. However, it’s imperative to have these situations outlined in policies and procedures. Other members reminded the group that the 777 Rule is a presumption, not a hardline rule, so when drafting procedures and listening to agent communications, we should always on consider how an attorney or judge would hear your agents’ questions to a consumer.
Despite some differences in the best way to approach the 777 Rule, we all agreed that to protect your organization it’s imperative to have written policy and procedures on the 777 Rule, and regularly and audit your agents on them.
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