Is there a fine for harrassing calls from a creditor?

Quote:

Originally Posted by lorim1971 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.

Check this out


805. Communication in connection with debt collection 15 USC 1692c
(a) COMMUNICATION WITH THE CONSUMER GENER-
ALLY. Without the prior consent of the consumer given
directly to the debt collector or the express permission of
a court of competent jurisdiction, a debt collector may not
communicate with a consumer in connection with the col-
lection of any debt???
(1) at any unusual time or place or a time or place known
or which should be known to be inconvenient to the
consumer. In the absence of knowledge of circumstanc-
es to the contrary, a debt collector shall assume that the
convenient time for communicating with a consumer
is after 8 o???clock antimeridian and before 9 o???clock
postmeridian, local time at the consumer???s location;
(2) if the debt collector knows the consumer is represented
by an attorney with respect to such debt and has knowl-
edge of, or can readily ascertain, such attorney???s name
and address, unless the attorney fails to respond within
a reasonable period of time to a communication from
the debt collector or unless the attorney consents to
direct communication with the consumer; or
(3) at the consumer???s place of employment if the debt col-
lector knows or has reason to know that the consumer???s
employer prohibits the consumer from receiving such
communication.
(b) COMMUNICATION WITH THIRD PARTIES. Except as
provided in section 804, without the prior consent of the
consumer given directly to the debt collector, or the ex-
press permission of a court of competent jurisdiction, or as
reasonably necessary to effectuate a postjudgment judicial
remedy, a debt collector may not communicate, in connec-
tion with the collection of any debt, with any person other
than a consumer, his attorney, a consumer reporting agency
if otherwise permitted by law, the creditor, the attorney of
the creditor, or the attorney of the debt collector.
(c) CEASING COMMUNICATION. If a consumer notifies a
debt collector in writing that the consumer refuses to pay a
debt or that the consumer wishes the debt collector to cease
further communication with the consumer, the debt collec-
tor shall not communicate further with the consumer with
respect to such debt, except???
(1) to advise the consumer that the debt collector???s further
efforts are being terminated;
(2) to notify the consumer that the debt collector or credi-
tor may invoke specified remedies which are ordinarily
invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt
collector or creditor intends to invoke a specified rem-
edy.
If such notice from the consumer is made by mail, notifica-
tion shall be complete upon receipt.
(d) For the purpose of this section, the term ???consumer??? in-
cludes the consumer???s spouse, parent (if the consumer is a
minor), guardian, executor, or administrator.
?? 806. Harassment or abuse 15 USC 1692d
A debt collector may not engage in any conduct the natu-
ral consequence of which is to harass, oppress, or abuse any
person in connection with the collection of a debt. Without
limiting the general application of the foregoing, the following
conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal
means to harm the physical person, reputation, or prop-
erty of any person.
(2) The use of obscene or profane language or language
the natural consequence of which is to abuse the hearer
or reader.
(3) The publication of a list of consumers who allegedly
refuse to pay debts, except to a consumer reporting
agency or to persons meeting the requirements of sec-
tion 603(f) or 604(3)1 of this Act.
(4) The advertisement for sale of any debt to coerce pay-
ment of the debt.
(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.
(6) Except as provided in section 804, the placement of
telephone calls without meaningful disclosure of the
caller???s identity.
?? 807. False or misleading representations
15 USC 1692e
A debt collector may not use any false, deceptive, or mis-
leading representation or means in connection with the col-
lection of any debt. Without limiting the general application
of the foregoing, the following conduct is a violation of this
section:
(1) The false representation or implication that the debt
collector is vouched for, bonded by, or affiliated with
the United States or any State, including the use of any
badge, uniform, or facsimile thereof.
(2) The false representation of???
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may
be lawfully received by any debt collector for the
collection of a debt.
(3) The false representation or implication that any indi-
vidual is an attorney or that any communication is from
an attorney.
(4) The representation or implication that nonpayment of
any debt will result in the arrest or imprisonment of
any person or the seizure, garnishment, attachment,
or sale of any property or wages of any person unless
such action is lawful and the debt collector or creditor
intends to take such action.
(5) The threat to take any action that cannot legally be
taken or that is not intended to be taken.
(6) The false representation or implication that a sale,
referral, or other transfer of any interest in a debt shall
cause the consumer to???
(A) lose any claim or defense to payment of the debt;
or
(B) become subject to any practice prohibited by this
title.
(7) The false representation or implication that the con-
sumer committed any crime or other conduct in order
to disgrace the consumer.
(8) Communicating or threatening to communicate to any
person credit information which is known or which
should be known to be false, including the failure to
communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication
which simulates or is falsely represented to be a docu-
ment authorized, issued, or approved by any court,
official, or agency of the United States or any State, or
which creates a false impression as to its source, autho-
rization, or approval.
(10) The use of any false representation or deceptive means
to collect or attempt to collect any debt or to obtain
information concerning a consumer.
(11) The failure to disclose in the initial written communi-
cation with the consumer and, in addition, if the initial
communication with the consumer is oral, in that initial
oral communication, that the debt collector is attempt-
ing to collect a debt and that any information obtained
will be used for that purpose, and the failure to disclose
in subsequent communications that the communication
is from a debt collector, except that this paragraph shall
not apply to a formal pleading made in connection with
a legal action.
(12) The false representation or implication that accounts
have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents
are legal process.
(14) The use of any business, company, or organization
name other than the true name of the debt collector???s
business, company, or organization.
(15) The false representation or implication that documents
are not legal process forms or do not require action by
the consumer.
(16) The false representation or implication that a debt col-
lector operates or is employed by a consumer reporting
agency as defined by section 603(f) of this Act.
808. Unfair practices
15 USC 1692f
A debt collector may not use unfair or unconscionable
means to collect or attempt to collect any debt. Without limit-
ing the general application of the foregoing, the following
conduct is a violation of this section:
(1) The collection of any amount (including any interest,
fee, charge, or expense incidental to the principal obli-
gation) unless such amount is expressly authorized by
the agreement creating the debt or permitted by law.
(2) The acceptance by a debt collector from any person of
a check or other payment instrument postdated by more
than five days unless such person is notified in writing
of the debt collector???s intent to deposit such check or
instrument not more than ten nor less than three busi-
ness days prior to such deposit.
(3) The solicitation by a debt collector of any postdated
check or other postdated payment instrument for the
purpose of threatening or instituting criminal prosecu-
tion.
(4) Depositing or threatening to deposit any postdated
check or other postdated payment instrument prior to
the date on such check or instrument.
(5) Causing charges to be made to any person for com-
munications by concealment of the true propose of
the communication. Such charges include, but are not
limited to, collect telephone calls and telegram fees.
(6) Taking or threatening to take any nonjudicial action to
effect dispossession or disablement of property if???
(A) there is no present right to possession of the prop-
erty claimed as collateral through an enforceable
security interest;
(B) there is no present intention to take possession of
the property; or
(C) the property is exempt by law from such disposses-
sion or disablement.
(7) Communicating with a consumer regarding a debt by
post card.
(8) Using any language or symbol, other than the debt col-
lector???s address, on any envelope when communicating
with a consumer by use of the mails or by telegram,
except that a debt collector may use his business name
if such name does not indicate that he is in the debt col-
lection business.




Hope this answers your questions...
:D