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oops! is there a fine for harrassing calls from a creditor?

Date: Tue, 05/04/2010 - 13:47

Submitted by lorim1971
on Tue, 05/04/2010 - 13:47

Posts: 172 Credits: [Donate]

Total Replies: 11


meaning, if a creditor calls you up to 22 times a day, or calls your place of employment even after you have told them not to, is there a actual fine for this?
I have already filed a complaint with the FTC but do not see any actual language regarding fines... and if they continue to do this there is a fine, etc.

thanks.






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[RIGHT] [URL="http://www.debtconsolidationcare.com/forums/report.php?p=694547"][/URL] [/RIGHT]


OMG...attorney...you would think that you would advise properly on what the law states. The FDCPA states that all the debtor has to do is tell the collector that he cannot have calls at work....you do not have to have your employer get on the phone. [SIZE=3]
(3) at the consumer???s place of employment if the debt collector knows or has reason to know that the consumer???s employer prohibits [/SIZE]



As for fines, violations of the FDCPA are eligible for $1000 in damages


lrhall41

Submitted by SOAPLADY on Tue, 05/04/2010 - 13:59

( Posts: 17315 | Credits: )


I do apologize for not knowing fines could be imposed. I did say that the Federal Fair Debt Collection Act says that once a debtor has told the creditor that personal calls are prohibited at work they must stop, however, if you will read the OP, it would appear that lorim1971 has already attempted to do so, and not been successful. Which is why I suggested that lorim1971 get her employer on the phone to tell the creditor.


lrhall41

Submitted by OVLG Attorney on Tue, 05/04/2010 - 14:11

( Posts: 511 | Credits: )


hang on a second here, folks. You all are mistaken.

The OP specifically asked about a CREDITOR calling, not a debt collector. If its a company that he/she's currently doing business with, on an active account, then the FDCPA does not apply no matter what the creditor does. Now, if he meant to say debt collector, thats cool, but as his post stands now, there is no FDCPA anything.

If this is a creditor that you have a currently active account with, even if it's past due, check your local consumer protection laws in your state.....there may be some help there.


lrhall41

Submitted by skydivr7673 on Tue, 05/04/2010 - 16:34

( Posts: 2036 | Credits: )


How come original creditors do not have to abide by the FDCPA? I've always thought that wasn't right. Original creditors can be as threatening and hateful as debt collectors, yet they can skate around the FDCPA. If I never talk to a credit card company rep again, it will still be too soon! I just became debt free after a long, hard road. It was my fault, no doubt. I just couldn't handle credit, I admit it. I'm going to try and live my life without credit cards. It amazes me that the companies just kept on raising my limits on each card, even though I did not make the kind of money to merit such high credit limits. As far as I know, they didn't even background check me! How stupid is that? But, I will not miss the phone calls, that's for sure. The original creditors can be just as nasty as debt collectors when they are collecting on you.


lrhall41

Submitted by jmoon219 on Wed, 05/05/2010 - 11:53

( Posts: 48 | Credits: )


Quote:

Originally Posted by ball_mich
jmoon - your stories have been the most entertaining that I've seen posted here. I am glad you are out of debt, but a part of me will miss your posts.


I still have more stories from other things that the original creditors have pulled! Like how they will call my parents from time to time to get them to give me a message about how they would like to have me as a customer again! "Tell him we have an incredible offer just for him, a low introductory rate that will be frozen for the next 3 years!" It's amazing what these companies will pull. Trying to get my parents to tell me that they would like me back as a customer!


lrhall41

Submitted by jmoon219 on Thu, 05/06/2010 - 10:11

( Posts: 48 | Credits: )


[QUOTE=lorim1971;694558]meaning, if a creditor calls you up to 22 times a day, or calls your place of employment even after you have told them not to, is there a actual fine for this?
I have already filed a complaint with the FTC but do not see any actual language regarding fines... and if they continue to do this there is a fine, etc.

thanks.






__________________
:sun:
Remember: Stressed spelled backward is desserts.


[RIGHT] [URL="http://www.debtconsolidationcare.com/forums/report.php?p=694547"][/URL] [/RIGHT]
[/QUOTE]I apologize for taking so long to clarify, it is the orginal creditor, whom I have requested not to call my place of employment, and they call my cell phone anywhere from 10-22 times a day, even if I have made arrangements, a payment, or already talked to someone earlier that day.
its pretty insane, but their a alot of complaints that they will call and harrass folks. Just wondering cause I lost a job because they kept calling my work, when I clearly had a home phone number to call.... which is the case now, they have had the same number for over 3 years, and all the sudden they call my new job out of the blue and I have never ever ever given it out.
any suggestions? TY!


lrhall41

Submitted by lorim1971 on Wed, 05/12/2010 - 07:50

( Posts: 172 | Credits: )