Debt Collector getting annoying
Date: Sat, 06/13/2009 - 05:23
I have a collection agency 'Trans World' something. For the past oh about two or three months they have been calling every single day except for Sunday. The calls have started getting earlier and earlier as well. This morning the phone rang and the answering machine picked up. It was them and the time on the clock said 8:04 am
What is some advice on what to do
reply
is there a number that comes up on caller id?did this place send you anything?more details please.
There are also times that a collector can call you and times the
There are also times that a collector can call you and times they can't. For instance, they couldn't try and call you at 10 pm at night. What state do you live in?
Not to mention, leaving a message is considered 1st contact and
Not to mention, leaving a message is considered 1st contact and they would need to mail you a dunning letter within 5 days of that.
I don't think leaving a message would be considered initial cont
I don't think leaving a message would be considered initial contact. They need to verify that they have actually reached the consumer in question.
Correct....message leaving is not considered contact...never has
Correct....message leaving is not considered contact...never has been. Contact is talking to the borrower or legal representative.
i agree with everyone here - inital contact is when you actually
i agree with everyone here - inital contact is when you actually speak with them. but did you recieve anything at all in writing? do you know who they are collecting for?
It depends. "The term 'communication' means the conveying of
It depends.
"The term 'communication' means the conveying of information regarding a debt directly or indirectly to any person through any medium." 15 USC 1692a(2)
From:FTC Staff Commentary on the FDCPA
I think that more specifically addresses 3rd party disclosure.
I think that more specifically addresses 3rd party disclosure.
Perhaps. It is determined by a judge on an individual case by ca
Perhaps. It is determined by a judge on an individual case by case basis, but this person *knows* it is a debt collector and not a seller of chocolate bunnies. I am quite sure that if this person sued the agency that the judge *would* consider all these calls to be contact, and *would* consider that this agency has violated the consumer's rights by not sending them a Dunning letter.
SECTION 805 -- COMMUNICATION IN CONNECTION WITH DEBT COLLECTION:
"1. Scope. For purposes of this section, the term "communicate" is given its commonly accepted meaning. Thus, the section applies to contacts with the consumer related to the collection of the debt, whether or not the debt is specifically mentioned. [53 Fed. Reg. 50104]"
Communication with third parties is ruled by Section 805(b), which is not mentioned on the above quote.
Not to mention:
"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.'
1. Multiple phone calls. 'Continuously' means making a series of telephone calls, one right after the other. 'Repeatedly' means calling with excessive frequency under the circumstances."
If it was me, the fact that I received NO LETTER in the mail I would consider this call to be a scam or a possible phishing expedition and would file charges of harassment and/or have the number blocked, and/or change my phone #. Knowing me though, I would just change my phone #.