Tuesday, September 11, 2007

How many times can a creditor call your cell phone before it is considered harassment?

How many times can a creditor call your cell phone before it is considered harassment?

I have a creditor that calls me about every 30-45 minutes in the day. I feel this is obsessive and I have already talked to the actual party I owe money to and have worked something out with them because these creditors seem very unreliable and untrustworthy. Is there anything I can do since they are calling my cell phone?

The Answer : I would love so see some of her sources that deal with the specifics. If it's case law can you pass on the info?The FDCA does not specify how often a creditor can call. However, most of the major agencies belong to trade groups that give guidelines about how they should behave, and in most cases they do specify the number of calls.

The FDCA states that "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."......but doesn't specify details. If it's left up to the judge to decide, they will certainly be nailed for calling every 45 minutes.As for calling a cell phone, it's also a gray area. For this we refer to this portion of the law:Creditors may not call...."at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.

"However, you would have to demonstrate to the court that the creditor knew the phone number was a cell phone. The only 100% sure way is to send a certified letter to the creditor informing him not to call your cell phone.

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