I've been getting calls at almost 10pm lately. I thought they had to stop calling at 8pm. That was the law a couple years ago when I was a telemarketer.
a debt collector can only communicate with you according to the FDCPA which is § 805. Communication in connection with debt collection [15 USC 1692c] (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location; (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication. (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. (d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
heres the link if you want to know more about the FDCPA http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805
I would send them a letter telling them that you want all correspondence in writing, any calls from their offices are inconveinient, especially since their company is illegally calling you as late as 10:00 PM, in violation of the Fair Debts Collection Practices Act. You are not ceasing & desisting ALL COMMUNICATIONS, you are only telling them that since they can't comply with the law, and not call you responsibly, you are revoking their rights to call you at all.
Document their calls--when they call, who it is, etc. If you have a way to save phone logs, do it. You want to document as many violations as you can.
What's the best way to record the calls. i don't have caller ID or anything and even if I did it's not concrete enough. Is there any way to have the phone company log it?
call your phone company and ask what types of service they have if you have verizion they have something called call trap or call tracing. also you can get a speaker phone & a tape recorder if your lucky they may leave a message on your answering machine, clk your local state laws on recording phone conversations. maybe your local police dept can also help get an incident report and say that someone from a business keep harassing you at those hours( its good to have a witness for this) and you need the report as evidence for court when you sue them this may work. ( get a harrassment restraining order so If they continue to call they will face criminal penalties as well as civil.
