How many calls is considered harrassment?

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.

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.

I am also going to email them a copy of the letter also. I can not find a fax number for this company.

Can you post the name of the company here? I can try to find some information on them as well as their fax number?

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.

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

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.

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.

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.

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.

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.

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.

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

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:

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.

if you feel like you are being harassed, contact an attorney that handles debt collection matters. That is the best advice I could give. Courts are even different--one court may find that x number of calls is too much, and therefore is harassment....another court may not find the same way.

I think the courts use the "reasonable person" standards when deciding harassment. So if a reasonable person would consider it harassment, the law does too. But what one person considers reasonable, another may not, so it's still very vague . . . . But as skydiver said, if you feel you are being harassed, the best person to contact would be an attorney. They can best advise you on if you have a case. If you go to naca.net you can find an attorney in your area that handles debt collection matters.

Running, hiding, watching your phone ring???? It must be exhausting...is this for real?

what is with dodging debts while spending money on cell phones, having manicures, weaves, shopping, internet, starbucks, playstations, a cruise here and there, what has America come to?

where did anyone say they were running, or hiding?? What about getting a weave or taking a cruise?? You two mutts really need to get a hobby. Tell me, boys, do I have a weave? No, I am a guy. How many cruises have I been on?? Anyone, anyone? HMMM....So, tell me about manicures...?

The truth of the matter, something that most collectors are apparently allergic to, is that I do not have one single legitimate debt in collections. I dont have any credit cards. I have no personal loans. I have a truck payment which is not in collections, and a mortgage which is also not in collections. And yet, retards like you two still contact me or put crap on my credit report from states I have never even lived in. TEll you what--when you geniuses can actually get YOUR act together and do YOUR job the right way, and follow the law EVERY time, then you will have earned the right to ****and moan about others. Until then, seek life elsewhere. I have experienced ID theft, and jumped through every hoop that has been asked of me, and even then people like you two clowns cant get it right.

oh yeah, running, hiding?? Like using fake names when youre on the phone with people, right? No, I am certain that you two NEVER have done that.....all that hiding you yourselves do must be tiring, huh??

[color=Red]****Adult term removed - Jason[/color]

We do spend money on cellphones, pedicures, spas, health clubs, cosmetics n wat not. Hey but wait....we at least do not use fake names. I cant understand why do these people have to speak as Jerry wen they r Tom. :lol:

wat say now ?

Have any of you who, who hide from your bills, read the loan agreement you signed to steal the money? Agreeing to accept something and return it equals stealing when not paid or returned as promised. People on these boards should apply maybe half of the energy used on here to find a way to pay their bills. Try working a job for pay vs being online whining. Now if someone is being called who did not borrow anything then they can complain. Unless they are using the number one excuse of someone stole my identity. :lol:

Guest you are obviously on the wrong board and also have a reading comprehension problem.No one here advises to not pay bills,just pay them to the correct creditor in accordance with the relevant laws.Now leave our board alone unless you have something intelligent to add to this discussion.

Aha....and our friend "guest" reveals their true identity. A payday lender, or an employee of one.



sounds very familiar to me - like a guest who has been coming around for some time now.

Guest, while we all appreciate a good healthy debate, accusing our membership of being thieves and unemployed deadbeats who spend money on things they can't afford is not conducive to healthy debate. It only alienates you and promotes ridicule.

Have a nice day. :-)

well help them be codependent and whine amongst the best of you dodgers. Why doesn't someone direct them on how to pay the debt instead of helping them lookup a phone number so they know not to answer it. Shame on you debt dodgers, but it is nice to know you all don't mind making up the difference due to their not paying. Could you all pull together and pay their debts for them so we don't have marked up items, higher rates, etc.

HUH??

Ok, that last post made no sense at all. Guest...get some sleep. I'm afraid you may be losing it, my friend.

:-)

I think you need more caffeine, guest. Also, when it comes to getting a job, I've got three of them!!!!!!!!!! So I've done that, in spades, thanks!

Guest seems to be more than a bit confused and dodges the subject of collectors dodging the law. I also agree with cajun's post.

hi, just browsing boards and ran across this one. looks like your guest was telling people that when others fail to pay their debts: The result is higher prices and apr (which is interest rates) to everyone else.

Welcome to the forum Amy.

What that guest failed to realize is that a CA is limited to the interest rate provided for in the contract (if applicable) or 6%. Also additional fees may be limited as well, that differs from state to state.

I've recently have recieved calls, from a CA, about an oustanding debt, that has been on my credit, for AT LEAST 4 to 5 years now. Now the CA is calling to "collect." Even if a debt is THAT old,can a CA STILL call about it? I never recieved calls, about this debt, until now.

Sd what state are you in, I can post the SOL for you.

It doesn't matter how old the debt is. It's valid until it is paid. However the SOL controls how long they have to sue you for it. That's about it.

Thanks for that info. I thought that if the sol has expired they can no longer collect. So , they can attempt to collect, but can not sue?

Correct.

Also getting harrassment phone calls from a number 800-684-8439. When I called they said it was a Resort, however they are received numerous calls of harrassment complaints. It seems someone is making calls from this number, but plead that it is not them. The calls are coming three times a day and it does not stop. Any suggestions?

I am the Assistant General Manager at Ocean Crest Resort in Moclips, WA. Our 800 number is 1-800-684-8439. We get many calls from people complaining about bill collectors calling from this number. This is an incoming 800 line only. We cannot make any calls from our resort on this number. In fact, that 800 number frowards to a local number that our switchboard cannot select to make an outbound call. I have worked with our Long Distance Carrier, Sprint, who supplies the 800 number, our Local Carrier, Centurytel, and the FBI to try to stop whoever is making calls and having our 800 number display on caller ID's. The problem is that it is not illegal, according to the FBI and the Fraud Departments of both telephone companies. We ask that if you get any calls from 1-800-684-8439, please report it to Washington State Attorney General's office. Perhaps they can get somebody to put an end to this. We have tried, but the AG's office will not help businesses. If you, as a consumer, initiate the investigation, perhaps they will do something.

We are very sorry for any inconvenience, please be assured that we have done everything we can.

Sincerely,
Jess Owen
Assistant General Manager
Ocean Crest Resort

Some of theses lowlife CA's "spoof" other numbers, that is probably what is happening here.

Many toll free numbers are actually shared by regions. So if you have a toll free line for a specific area, chances are someone is using the same line in another area for outgoing calls.