# of times a CA can call

Discussion in 'Credit Talk' started by fccpol, Mar 23, 2004.

  1. fccpol

    fccpol Member

    I am thinking that I saw something that they can only contact a person 3 times a week at most. Not sure if I am making that up or not though. Anyone else know?
     
  2. ontrack

    ontrack Well-Known Member

    If you have notified them to only contact you by mail in writing, then they shouldn't be calling at all.
     
  3. jlynn

    jlynn Well-Known Member

    Your making it up...LOL
     
  4. hiding90

    hiding90 Banned


    -There is no "elective communication" provision in the law. Its either STOP contacing me or its not. Because "communication" is defined as mail, email, fax, phone etc etc etc, you cant "choose" one or another:

    - FDCPA 805:

    "(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 --"



    "I am thinking that I saw something that they can only contact a person 3 times a week at most. Not sure if I am making that up or not though. Anyone else know?"

    -The "your making it up" reply was funny lol

    -But seriously, THERE IS NO SPECIFIC "times". ITS the "intent" of the calls that is judged.

    -3 times a week could be illegal if each time they called they did something which would cause a reasonable person to beleive the intent was to annoy, harrass etc etc. Like hang up each time you answered :)
     
  5. Butch

    Butch Well-Known Member

    Re: Re: # of times a CA can call


    Awe sure I can Hiding.


    "Do not call me again. If you want to communicate with me fine, by mail ONLY. Otherwise (kiss my butt) don't contact me at all.

    Your choice!!!"


    It's truly that simple.

    :)

    .
     
  6. hiding90

    hiding90 Banned

    Re: Re: # of times a CA can call

    ""Do not call me again. If you want to communicate with me fine, by mail ONLY. Otherwise (kiss my butt) don't contact me at all.
    "

    -I must admit, that is "elective" LOL

    -Is it sexual harrasment if they reply "bend over"? LOL
     
  7. jam237

    jam237 Well-Known Member

    Re: Re: # of times a CA can call

    hiding:

    Actually there is an additonal restriction on telephone contact.

    You have the right to tell a CA that a time is inconvienient for them to contact you via phone. If you limited C&D them, you are effectively telling them that ANY AND ALL TELEPHONIC CONTACT is inconveinient to you.
     
  8. jam237

    jam237 Well-Known Member

    Re: Re: # of times a CA can call

    There are also at least TWO provisions against facsimile communications.

    Section 808

    (5) Causing charges to be made to any person for
    communications by concealment of the true propose
    of the communication. Such charges include, but are
    not limited to, collect telephone calls and telegram
    fees.

    There is an intrinsic cost associated with receiving facsimile communications, including but not limited to ink, and paper costs. 808(5) prohibits the CA from causing ANY charges to be beared by the consumer without their prior consent. The CA would have to proactively notify you prior to ANY facsimile that they would send, since every single communication via that method incurs a cost to them. This also applies to any other communication method which the consumer would be charged in any way, shape, or form, including cellular (the consumer pays for the airtime incurred), paging, text messaging. IF the consumer pays for it, the CA can't use it without them proactively notifying them before the communication.

    And 47 USC Sec. 227 -- "Restrictions on use of telephone equipment" (A.K.A "The Junk Fax Law")

    Unless you have PERSONALLY AUTHORIZED that the CA can contact you via facsimile, any facsimile communications are unsolicitied.
     
  9. jam237

    jam237 Well-Known Member

    Re: Re: # of times a CA can call

    There is no hard & fast rule...

    The rule is intentionally vague.

    Do you think that you could convince a judge, or district magistrate (or whatever you have in your area) that 3 calls a week for collecting a debt is UNREASONABLE, and borders on annoyance, harrassment, and/or abuse?
     

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