How many times can a creditor call your cell phone before it is considered harassment?
I have a creditor that calls me about every 30-45 minutes in the day. I feel this is obsessive and I have already talked to the actual party I owe money to and have worked something out with them because these creditors seem very unreliable and untrustworthy. Is there anything I can do since they are calling my cell phone?7 years ago - 7 answers
biwagirl2 is mostly correct, but I would love so see some of her sources that deal with the specifics. If it's case law can you pass on the info?
The FDCA does not specify how often a creditor can call. However, most of the major agencies belong to trade groups that give guidelines about how they should behave, and in most cases they do specify the number of calls.
The FDCA states that "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."......but doesn't specify details. If it's left up to the judge to decide, they will certainly be nailed for calling every 45 minutes.
As for calling a cell phone, it's also a gray area. For this we refer to this portion of the law:
Creditors may not call....
"at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer."
However, you would have to demonstrate to the court that the creditor knew the phone number was a cell phone. The only 100% sure way is to send a certified letter to the creditor informing him not to call your cell phone.
Absolutely, you can download a sample letter, and fill it out. Make sure to send it certified mail to the creditor. You will receive a "receipt" when they have signed for it. In this letter you tell them to quit contacting you. Very simple - I put the website below....
Source(s)by Bristow - 7 years ago
It is already harrasment. You need to tell the company you have made a deal with for payment to call that creditor and call them off.
Also, when the creditor calls get all the information you can from them, inclusing the callers name and supervisors name and report them.
There are limits on how late they can call, but not on how often. You do have rights, however. Under a federal law called the "Fair Debt Collection Practices Act," you can request that a creditor contact you only by mail. You need to do this in writing, so next time they call, ask for a mailing address. Let them know you are sending the letter. Some comapnies will stop at that point, but most will wait until they get your letter. If they continue to call after receiving your letter, you can sue them for damages.by TG - 7 years ago
Do this it works EVERY TIME
When they call tell them that you are recording the call for legal reasons (even if you are not) Then tell them CEASE AND DESIST calling you. And if anyone from their company contacts you again that you will file a complaint and contact your attorney.
By law if you tell them to cease and desist they cannot call you again. They can send you mail but that's it. Usually they will sell the debt to another company and the cycle starts all over.
Northshore Agency has just had a class action lawsuit filed against them in New York for making harassing phone calls. The allegations are that they are attempting to collect debts that are not valid. There are legitimate companies in the debt collecting business and it is a necessary enterprise. If you are being wrongly harassed though, record the phone conversations and do not get taken advantage of. Get the harassment on tape and be ready to take legal action if they won't stop. Stand up for you rights and don't get intimidated.by Denny Crane - 7 years ago
If this is 1st party collections (ie Sears calling for Sears), there is no real laws that govern them, If this is 3rd party (ie ABC Collections calling for Sears) the you can sue the hell out of them.
The F.D.C.P.A. states that a 3rd party collector can only make contact 3 times in a 7 day period. And it also states that they can not make the consumner incur any charges for the call. Since you are charged by the minute on your cell phone this can be considered a violation as well, it has been tested in some states but I do not have that info.
TG has no idea what he is talking about by the way. There are limites, as I stated, as to how ofter a debt collector can call you.
Also, if you send them a letter asking them to Cease and Desist, you will more than lkely get sued, as that will be the only way they will be able to collect. It does depend on the size of the accoutn as well.
Source(s)by biwagirl20 - 7 years ago