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 Posted: Thu Jan 12, 2006 2:22 pm Subject: How many calls is considered harrassment? |
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I am getting numerous phone calls on my home and cell phone from a company. I am in the process of sending a debt validation letter and cease phone contact letter. I just received seven phone calls in a 90 minute period. Four phone calls were in a 15 minute period. Is this considered harrassment?
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thehun
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| Posted: Thu Jan 12, 2006 3:00 pm Subject: |
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As per the federal laws in the FDCPA, collection agencies are not allowed to call you frequently in a particular day. Section 806(5) prohibits contacting the consumer by telephone "repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."
Keep a log file of all the calls made to you by the agency. Record the dates and time so that you are in the process of filing a legal case against them. Send a cease and desist letter and make the first legal step to stop their calls. If they persist, you will have more charges of filing a case against them. Send your letter through certified mail with return receipt requested.
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david
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| Posted: Thu Jan 12, 2006 3:39 pm Subject: |
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I have kept a log from which number they call and if it is my home and cell. They have only left one message this whole time. I have sent out a cease letter today certified along with the certified number on the letter. I am covering all my bases. I would like to make payment arrangements with them but after all these phone calls that is going to be done in writing only.
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thehun
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| Posted: Thu Jan 12, 2006 3:53 pm Subject: |
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I am also going to email them a copy of the letter also. I can not find a fax number for this company.
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thehun
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| Posted: Thu Jan 12, 2006 4:07 pm Subject: |
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Can you post the name of the company here? I can try to find some information on them as well as their fax number?
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david
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| Posted: Thu Jan 12, 2006 5:28 pm Subject: |
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ERC which is known as Enhanced Recovery Corporaton. They might be also known as ER Solutions. I am looking for the fax number for the office in Jacksonville, Florida.
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thehun
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| Posted: Thu Jan 12, 2006 5:56 pm Subject: |
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The toll free number of ERC is (800) 617-0049
Also, you can contact Tom Clement via telephone at (623) 561-8231
I am looking for their fax number
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david
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| Posted: Thu Jan 12, 2006 6:06 pm Subject: |
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It seems as if you got things well under control. It is very smart to keep a log and record what was said and the time the phone calls were placed. Keeping track of the frequency of the calls is also a good idea.
Keep us updated on what happens and let us know if they violate you cease communications letter.
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benjaminz6
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| Posted: Thu Jan 12, 2006 6:24 pm Subject: |
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Thank you David. What is weird is that they have the cell number which is actually my wife's. She only gives that out to family and friends so I am not sure how they got it.
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thehun
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| Posted: Fri Jan 13, 2006 1:31 pm Subject: |
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It is very important that you give your personal information to only those who ensure its safety. Every company must set its privacy policies and safeguard the interests of the consumers. It is sad to know that some companies sell the data to others for making some extra money.
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david
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| Posted: Mon Jun 25, 2007 9:14 am Subject: Clarification of what "contact" means |
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1) They have the cell phone number because she provided it to the original creditor as an alternate phone number. eg. "Whats another number where we can reach you?".
2) A phone call is only considered "contact" if somene, even someone besides the consumer, actually answers. If you never answer then its just a ringing phone, not "contacting" someone.
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Robert Collector
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| Posted: Mon Jun 25, 2007 1:34 pm Subject: |
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I have to go with Robert on this one. If they call 4 times on each phone and no one answers then it would not be considered harassment unless you filed your C&D letters. After you file your letters I think it would be considered harassment even if you did not answer since you specifically requested that they only contact you in writing. You need to cover your bases and you will be set. It would not hurt to keep record of when they call now but it will be more important after you have proof that they received those letters.
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DOLLARSandSINCE
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| Posted: Wed Jun 27, 2007 4:36 am Subject: |
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I think if you perceive it's harassment, it's harassment. Harassment to one person might not be harassment to another--and imho, if I have told someone not to call me and they still do, that's harassment.
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kscornell
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| Posted: Fri Jun 29, 2007 7:55 pm Subject: |
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calls ringing are not contacts
calls to third parties are not contacts
so if you answer the phone and say you are not you- that is not a contact
as for harrassment, fdcpa describes it pretty vaguely
you cannot tell them to not call, it must be in writing
a good company goes with the verbal request
but it is a number by number basis
don't call me means the number you're being called at; not your alternate contact numbers
a request to not call has to be made by the consumer
a good company will honor the request from a spouse
or not call if it's clear the employer won't put you on the phone
then again, they can get touchy with you and refuse to do so if you don't give them an alternate number
put it in writing is the best practice
perceived harrassment isn't harrassment
harrassment would clearly be that if a reasonable person would agree
you're not the best judge because you're upset when they call
if calls weren't so irritating they wouldn't be so effective
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duh girl
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| Posted: Fri Jun 29, 2007 8:26 pm Subject: |
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to everyone that has just said a call is not a contact until someone picks up the phone, you all need to go back and re-read the law.
Directly from the FDCPA, under section 806, a collector is guilty if they are--
| Quote: | | Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. |
You will all notice that it does not require the call to be a contact for harassment to have taken place. Let's look at it in simple common sense terms. Lets say you look in the phone book and pick out a number, any number. You call that number at 11:31 am. Again at 11:34 am. Again at 11:38 am. Again at 11:49 am. Again at 12:17 am. You dont even know this person. They can claim harassment for this....and win. It happens, people. Not too long back, a CA was found by a court to be in violation of the FDCPA for calling someone six times in just over a week. I am at this moment dealing with a CA that follows the example I just posted, as many as five calls per day. In about a month's time, they have called more than 80 times. If you dont think that qualifies as harassment, then PLEASE, be the collector that calls me like that again....For all of you that claim "no one answering doesnt count...", better go back and study harder.
Also, not really sure about the third party comment, but the law has something to say about those too...
| Quote: | Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --
(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information; |
| Quote: | | if calls weren't so irritating they wouldn't be so effective |
1--if they really were so effective, we wouldnt see all the CA's that have recently been in bankruptcy...
2--the end should never justify the means. If it does, then there is a problem.
Robbing a bank can be an effective way to get money, do you suggest we do that too?
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skydivr7673
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| Posted: Fri Jun 29, 2007 8:46 pm Subject: |
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There is no set definition as to what comprises harassment via phone--or how many times a collector can call before it's officially harassment. I still say if it's perceived harassment, it's harassment then.
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kscornell
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