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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?
 

asked Jan 12, 2006 01:22 PM

Anonymous
Best Answer
7
best answer

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.

answered Jan 12, 2006 02:00 PM

39 Answers

1

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.

answered Jun 25, 2007 09:14 AM

Anonymous
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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.

answered Jan 12, 2006 02:39 PM

Anonymous
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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.

answered Jan 12, 2006 02:53 PM

Anonymous
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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?

answered Jan 12, 2006 03:07 PM

0

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.

answered Jan 12, 2006 04:28 PM

Anonymous
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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

answered Jan 12, 2006 04:56 PM

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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.

answered Jan 12, 2006 05:06 PM

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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.

answered Jan 12, 2006 05:24 PM

Anonymous
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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.

answered Jan 13, 2006 12:31 PM

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