How many calls a day is harrasment?

Discussion in 'Credit Talk' started by snooz, Jun 3, 2008.

  1. snooz

    snooz Member

    I have VOIP and i can track every call that the OC's and JDB's have been making to me for the last 6 months.

    How many calls a day makes it harrasment under federal law?

    The JDP is Weinberg, Stanley & Associates Aka First Credit Services, Inc. according to google when I look up the 800 number. They leave a recorded snotty message from an eastcoast man. They call 3 times a day with the same message.

    Discover calls up to 5 times a day and most of the time there is no message. Update, since 6/3/08 Discover has upped it to 8 calls a day and no messages left, lots of dead air with the recording beeps

    Citibank will call between 3-5 times a day starting at 8:01am and ending at 6:59pm

    I forward all of them to VM so I don't have to listen to them ring the phone.

    Anyway, thanks for the help.
    BK
     
    Last edited: Jun 5, 2008
  2. NightStar

    NightStar Well-Known Member

    I am not up on the violations and what is possible here. But I would suggest that you just change your phone number.

    When I was in collections I didn't have that many calls, so I would agree that it is excessive.
     
  3. greg1045

    greg1045 Well-Known Member

    Depends when they call. I think that there is a law where they cannot call you before a certain time in the morning, and after a certain time in the evening, in your time zone Within the allowable hours they can call as often as they want.
     
  4. woofer

    woofer Well-Known Member

    They can all you twice in a SEVEN DAY period between 8AM and 9PM
    An OC can CALL ANY AND ALL TIMES I believe.
    You can also pay (I paid 5 bucks a month) to block ANY call you want to.
    Also they have a choice if you want to see who has called you even though they could not ring thru: )
    This way you have them on time and phone number but no phone ringing!
    A VERY GOOD THING

    Woofer
     
  5. apexcrsrv

    apexcrsrv Well-Known Member

    FDCPA wouldn't apply to an original creditor.

    Woofer, do you have some authority that states that a debt collector can call only twice in a seven day period? I've never heard of such a case.
     
  6. Hedwig

    Hedwig Well-Known Member

    I've never heard of that, either. I thought they could call anytime between 8 AM and 9 PM, but if the calls are considered "excessive" you could report them for harrassment. The problem is that the meaning of excessive varies from place to place.
     
  7. greg1045

    greg1045 Well-Known Member

    Between 8 AM and 9 PM in YOUR time zone. Once I was contacted by one of them (CAs), at 7 in the morning my time (California). When I complained she (the caller) swore up/down/sideways that it was 10 AM in Vermont.I told her that she must have flunked Geography in school since she didn't know that there are 3 hours difference between Vermont and California, eastern time zone/Pacific time zone, and hung up on her.
     
  8. woofer

    woofer Well-Known Member

    Here it is for my state.
    209 CMR 1800
    I thought it applied to all states..
    Hope this helps others in other states
    Woofer

    When communicating directly with you, creditors and collection agencies may not: Call you at home more than twice for each debt in any seven-day period, or more than twice for each debt in any 30-day period at some place other than your home, such as your place of work. Call you at work if you have requested that they not call. Your oral request that a collector not call you at work is valid for 10 days only. Written requests are valid until you write to the collector removing the restriction. Call you without identifying both the name of the creditor and the name of the person calling. The caller may use a name other than his or her own, but the creditor or collection agency on whose behalf the call is being made must be able to identify that person. Contact you directly, if you have told the creditor or collection agency you are represented by an attorney. Use profane or obscene language. Cause expense to you in the form of long distance calls, express mail charges, wire fees, or other similar charges. Falsely threaten to take legal action that the creditor does not take or reasonably intend to take. Tell anyone (including your friends, neighbors, relatives, or employers) about your debt, without your written consent. Mail to you any printed or written materials that reveal or imply that you owe a debt (for example, by using a postcard to contact you or using a descriptive return address). Solicit post-dated checks from you. Visit your home at times other than your normal waking hours. A collector may not visit you more than once in any 30-day period for each debt, unless you give permission for additional visits. Call you at times other than your normal waking hours. If your waking hours are unknown, then the collector may only call between 8:00 a.m. and 9:00 p.m. Know Your Rights A creditor must allow you or your attorney to inspect any document on which the creditor is relying to prove that you owe the debt being collected, e.g., a credit card application, account statement, promissory note, ledger, account card, or similar record in the creditorâ??s possession, which reflects the date and amount of payments,
    Page 2
    Fair Debt CollectionPage 2 of 2, Rev. 10/2007 credits and charges related to the debt. Failure to do so is an unfair or deceptive act or practice under the AttorneyGeneralâ??s Debt Collection Regulations, 940 CMR 7.08. Under State and Federal Law, if you want all debt collection contact to stop, and it is a debt collection agency (as opposed to the creditor itself) that is contacting you, you have the right to make a request in writing that all such contact stop. 15 U.S.C. 1692c(c), 209 CMR 18.14(3). Once you have made such a written request, the debt collection agency may not contact you again; however, the agency will still be permitted to sue you to try and collect the debt. Locating a Debtor Creditors and debt collection agencies are permitted to try to locate a debtor by contacting persons other than the debtor or persons residing in the debtorâ??s household, if the creditor or debt collection agency reasonably believes that it no longer has current information on the debtorâ??s location. However, it may not inform anyone it calls about your debt. For more informationâ?¦ For more detailed information about fair debt collection, please visit the Attorney Generalâ??s Office website, Office of the Attorney General, and view the publication, The Attorney Generalâ??s Guide to Consumer Credit. You may also contact the Attorney Generalâ??s Consumer Complaint and Information hotline at (617) 727-8400. Credit reporting agencies: Experian Experian | Free Credit Report and Credit Score To report fraud: 1-888-397-3742 TransUnion TransUnion - Check Your Credit Report and Credit Score Online, Instantly and Securely To report fraud: 1-800-680-7289 Equifax Equifax: Credit Reports, Credit Scores, Protection Against Identity Theft To report fraud: 1-800-525-6285 General information and complaints: Office of the Attorney General Consumer Protection Division Office of the Attorney General (617) 727-8400 Consumer Complaint and Information Hotline Office of Consumer Affairs and Business Regulation Office of Consumer Affairs and Business Regulation (888) 283-3757 Consumer Hotline Questions and complaints about credit and collection agencies: Massachusetts Division of Banks Division of Banks - Office of Consumer Affairs and Business Regulation (617) 956-1501 Consumer Line
     
  9. NightStar

    NightStar Well-Known Member

    I do know if you send a cease and desist it does not stop the collection agency. They may contact you just 1 additional time to tell you that they are 1 returning the debt back to the original creditor or 2 planning to file for a judgement in court.

    After that 1 call then they can't call again.
     
  10. woofer

    woofer Well-Known Member

    I won on this violation in court. I proved they called me more than twice in one week.
    This why you really have to look at your own state laws,and of course why having a board like this helps all of us as you too may have the same law about twice weekly no more on your books as well.
    : )
    Woofer
     
  11. snooz

    snooz Member

    Woofer what state are you in? I live in Nevada.
     
  12. woofer

    woofer Well-Known Member

    Well the state is Massachusetts as I have posted the Mass link above. : )

    Woofer
     

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