Ok, I just read through this thread, and some things should be cleared up for everyone.
First, someone asked about how many times a day a CA can call. FOr some reason the federal law does not list a definite amount. However, I have seen other people say "they can keep calling and if you do not pick up the phone it doesnt count". This is incorrect. This is exactly what the fdcpa says about this in section 806:
Notice how it says "causing the phone to ring OR engaging in conversation..."? Simply put, a CA cannot legally call your phone over and over each day, whether you pick up or not. Again though--since there is no set limit within federal law as to how many times a day they can call you, it comes down to matter of opinion. Recently, I came across a lawsuit in which a CA was found to be harassing the consumer because they called six times in a week. I found another that ruled that harassment had taken place with over 80 calls in 9 months. This decision will lie within the opinion of the judge or the jury assigned to the case, it would seem. Currently, I am working on one situation with a CA that has called my home something like 80 times in a month. If that doesnt qualify as harassment, nothing will. Of course, the fact that they have refused to validate, as well as refused to honor the C&D request we made, all of this will tie in nicely when we file suit against them.
Second, marlee has stated that you need to tell the CA on the phone to stop calling. This will not help you in any way. The law requires this notification to be made by you in writing, not over the phone. If you tried to fight it in court after telling them on the phone, they could just say "we dont know what youre talking about". Now, if you have the call recorded, thats one thing, but in the end the law still does say to notify the CA in writing. This is what the certified mail letters are for that everyone talks about in here. Send them. Cend them CMRR, so you can prove they received it. If they call after they get this letter, you should then sue them. Period. At present, in addition to the one CA I mentioned above, I am also dealing with ERMI right now. And they, just like LTD, have ignored my cease and desist demand. LTD sent a settlement letter a week after they got my letter and they still call....and ERMI still calls too. So....LTD is about to get sued, and so is ERMI. And honestly, I am at the point where I cant wait. I am usually a pretty easygoing guy, but with all the BS these idiots have put on us lately, I am basically out for blood. And before any collector types try to say "just pay the bills", they havent even validated yet, so I dont even know anything about the supposed bills!!
Marlee--your posts are most welcome. It is refreshing to see that someone in this industry knows how to be respectful. I really appreciate your point of view and the attitude you present. And for what its worth, you can do so much better than NCO anyways...
Linear Mode
