For a Credit Card company to call your home 20-30 times per day? They also call 4 times in 4 minutes...is this legal or is would it be considered harrassment?
i'm not sure, but i have heard they can only call and leave a message once per day. however from personale experience I know that they like to bend the rules. someone else konw about this??
Its discover, they leave 8-12 voice mails per day, calls start a little after 8am, first batch is almost always 4 calls in a row, then throughout the day, almost always 2-4 calls right after the other. Then I got a card saying if i catch up, the collection calls with stop...sounds like a harrassment program...
Is the call from Discover itself, or from a CA representing Discover? What number does caller ID give, and what does that number answer as if called? Were the calls answered? If a call was answered, was it transferred to a live person? If a call was answered, did it stop the calls following? Were the calls made to a business voicemail system? If a home phone, is it used for business purposes? Can you show either an economic loss from stuffing a voicemail system (in effect, a denial of service attack), and interfering with the operation of the business, or interfering with the ability of the employee to perform their job? Can you show an intent to disclose a debt to a third party (an employer, or another household resident) by bringing down a voicemail system?
Thank you for your response! The caller ID shows Discover Financial, all the same number. They answer the phone discover card services (I know this because they somehow got my company cell phone number and started to call that incessanlty). The numbers are both home numbers, one is an office number not really in use at this time. I think I would have a hard time showing economic loss. Calls go unanswered, sometimes I pickup/hang up, they call right back, so no attempt has been possible to disclose to uninterested parties. I think my question is does this rise to the level of harrassment, actionable harrassment, and if so, what might be the best course of action.. Again, thank you for your kind response.
I have read that, thank you. I guess my question is, does this rise to the level of actionable harrassment. I have a VOIP line, so i have a log off all calls, and they show 4 calls in four minutes on a regular basis. Seems to me to be programed harrassement...any other opinions?
Common sense says it is harassment. If it were calls by a CA, it would clearly be a violation under FDCPA. What is it if done by an original creditor? Are you the party they are trying to reach? How much are they trying to collect from you? If you take action against them for harassment, what would their likely action be against you to collect the debt? How would those two actions likely shake out? Is this part of a larger systematic practice by Discover?
It sounds like harrassment to me, too, but it doesn't sound actionable to me because they're the OC and (I believe) the FDCPA doesn't apply to them. Should we assume that you owe Discover money? and they're within the statute of limitations for collecting the debt? At some point they'll quit calling and take you to court where they will surely get a judgment against you. Your wages could be garnished, it will stay on your credit report for 10 years, and your FICO score will tank. Maybe you should just answer the phone and see what they want? Kat
