Sunday, March 14, 2010

How many telephone calls per day from a debt collector is considered harassment?

I have a debt collector calling me several times a day. I don't even answer my phone at all any more......I let the answering machine get it. I have explained to them that I cannot afford to pay them off but they still harass me. I can bring charges against them if I know how many calls per day is considered harassment.

How many telephone calls per day from a debt collector is considered harassment?
Below is the actual law from the Fair Debt Collections Act. Obviously, they are not allowed to repeated call you.





The question is what is an "acceptable" number of calls.





Many collection agencies belong to trade groups or associations that publish a set of "guidelines" that their members must follow. This includes a guideline that sets the number of calls each day. The one I looked over said no more then 3, but each group seems to vary.





If you want to go after these guys here is how you do it.





File a small claims suit for violation of the FDCA act. As part of your complaint, file a motion for disclosure of their association guidelines. They will have a very difficult time defending themselves once this info is presented.





But for now, just send them a cease and desist letter. Inform them not to call you again. If they do, then you have yet another violation to add to the collection. Each one will get you $1000, and small claims suits are very easy to file.
Reply:NO, you can't. You owe them money and they can call you until you pay. Pay your bills and take care of business. You bought the stuff, sell the stuff you bought on the credit card and start paying what you owe. Maybe cancel your internet access to save some more money. Life is about choices, get with the program and take responsibility for your spending. You borrowed money from a company to buy stuff, now pay them back or set up a payment plan. Even if it is $20 a week, you will survive and they will leave you alone some. Where are you going to get the money for attorney for your bogus case you are asking about. Use that money to take care of the debt you owe.
Reply:I am not sure but if I am more than 5 days late with my Dell payment, they start calling me and will not stop even after I have told them when I will be able to pay. They will call 10+ times a day and they do not stop until AFTER 10pm. I consider it harrassment as well. I know they want their money but enough is enough.
Reply:feed them little bits of money til you are paid off. (if you pay them off - you'll have ultimate revenge: they'll be out of a job.)
Reply:Assuming this is from a third party collection agency then they can call you as many times as they want, and they usually will. But they can't call before 8am or after 9pm in your local time zone. If you do not want to be contacted by them anymore you MUST send a certified letter to them stating that they are not to contact you anymore in reference to the debt.





Once they get the letter they must stop. If they do contact you again they are subject to FDCPA violations which you can sue them in court for $1000 per violation.





Now the debt will not go away. Also, if it gets transfered to another Collection Agency you need to do the same thing for the new company. The following link has a sample letter if you want to have them stop contacting you.

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