14 calls in one day?
Date: Thu, 04/12/2012 - 17:32
The representative was very polite and said she would put in a request for debt verification. Fine. Then today I received 14 phone calls from this company that is supposedly doing a debt verification. They shouldn't be calling me at all until the debt is verified, but instead they are calling 14 times? They called 9 times inside of one minute and then the next minute called 3 more times. Then about an hour later called two more times? Does this count as harassment? Obviously, I'm going to send in a DV letter certified return receipt but even if I wasn't disputing the account isn't 9 calls inside one minute excessive?
Hi, You will need to send a debt validation letter in writing w
Hi,
You will need to send a debt validation letter in writing with a certified return receipt. Once you have sent the letter and received confirmation that the collection agency has received it, you can file a complaint with the FTC if they call you without having validated the debt in writing. If the collection agency fails to furnish you with a debt validation letter, send them a cease and desist letter. Have your checked your credit report lately? Keep us updated.
Cheers,
Nate
Couple things. 1. Debt validation requests don't count unles
Couple things.
1. Debt validation requests don't count unless they're in writing so there's no violation with them calling you.
2. Unless you answered the phone all 14 times, it's not harassment. Collection agencies use auto dialers which will call several times until the phone is picked up.
What I would do if I were you is send a letter (CMRRR) disputing the debt and demanding that they provide proof the debt belongs to you.
Did you tape the phone calls?
Did you tape the phone calls or did you save them on your phone? It sounds as if they have already broken the law. Calling someone back to back like that is harrasment and it is illegal. I would look for a law firm as well that handles debt collectors. There are a few that will take your case and not charge you. You may just have a case. Send DV letters, and also tell them to cease and desist from calling you. Dispute the debt also on your credit reports. It sounds as if they are trying to collect the debt and are using illegal methods to collect it.
MOD...PLEASE READ THE POST AND UNDERSTAND THE LAW BEFORE YOU POST INCORRECT INFORMATION.
boy oh boy
i loves it when a poster ignores the previous post and decides to go on a ramble.first off as ohiogal stated.unless they picked up all 14 times it's not harrassment as she also correctly stated that places use autodialers.second unless a DV letter is sent what is the illegality?i am for ignoring a bottomfeeder,but unless that initial back and forth takes place there is no illegality here.the OP needs to get the DV letter out and see how the CA responds.assuming the law was broken doesn't mean squat.
Ohio, I must disagree with your post. You do not need to answer
Ohio, I must disagree with your post. You do not need to answer the calls in order for it to be considered harassment. Look at the wording of the law itself--this is from section 806 of the FDCPA:
Quote:
(5) 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. |
Notice "causing a telephone to ring"? There is no need to answer the calls. Also, computer dialers only do what humans tell them to do. So, if this was a robocall, the debt collector who was on the call would have had to select an option to call right back--which makes it very deliberate. Robodialers are also used in telemarketing---and the person on the computer call makes notes and selects options. If you have ever had someone robocall you, and say "we will remove your number from the system", that is an example of them selecting an available option on their screen. I know that telemarketers also have options to set a callback--and debt collectors probably do too. Either way, those systems will not re-insert the number that many times per minute unless told to by a person.
If I were in court against a debt collector on this issue, I would state to the court that I have every right to choose not to answer my phone if I feel like it, and that regardless of the reason why no one answered their calls, it doesnt give them the right to repeatedly call my house like that....and the FDCPA backs me on it. Yes, this was harassing. There is no legitimate reason for them to call you 12 times within 2 minutes.
I have worked a dialer...and at least with the systems I have wo
I have worked a dialer...and at least with the systems I have worked on calling 9x in a short period of time was not even an option. The dialer is not set by a collector but by a manager or IT department. When the dialer was active, I know it was set to call every 40 minutes.The call pops up on the collectors screen when someone answers...they dont even see an account that doesnt get a hit. ( Personally, I hated working the dialer...I like to be prepared going into a call.) To me, this sounds like a dialer gone wild.
Sky, I understand your point but, "intent" is hard to prove in c
Sky, I understand your point but, "intent" is hard to prove in court. If someone is making collection calls and no one answers, the reasonable and logical assumption is that no one is home so, they try again. There's no intent to annoy, abuse or harass the person, they're just trying to reach the person.
If someone is screening and they see the same number popping up, yes, it's annoying but, I think it's easy to argue that the annoyance is of your own doing. The simplest way to stop the repeated calls is to pick up the phone the first time and talk to the collector.
Now, if you've spoken to the collector, and they call back repeatedly, THAT is harassment.
Intent may be hard to prove in court, but youre not going to go
Intent may be hard to prove in court, but youre not going to go against me in court and tell me that calling my house times within one minute is simply an honest attempt to collect a debt. Sometimes, you do not need to prove the physical presence of intent--when something happens that there is simply no excuse for, I have seen cases where the judge literally tells the debt collector that there's no way he will listen to an attempt to make an excuse for that.
Soaplady, I understand what you are saying, but at the end of the day, it doesnt matter which employee messed up. The company as a whole is liable. If it's bona fide error, then they had better have proof of it, such as a repair call to a technician, etc. Otherwise, I am going to hang them out to dry over it. The dialers you worked did not allow immediate callbacks, but I have personally seen some that do. I have also been called back immediately by MCM before, and it was obviously a dialer judging by the pause after I answered and the clicks. My phone battery died and the call was disconnected. They called back in less than 15 seconds.