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  #1  
Old 12-22-2008, 10:30 PM
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Location: Fort Worth, Tx
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Harassment phone calls from creditors


What is the name of your state (only U.S. law)? Texas

What are the laws in Tx regarding harassment phone calls. Today alone, I have been called by a creditor 15 times.
  #2  
Old 12-22-2008, 10:58 PM
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Quote:
Originally Posted by corkran22 View Post
What is the name of your state (only U.S. law)? Texas

What are the laws in Tx regarding harassment phone calls. Today alone, I have been called by a creditor 15 times.
How many times did you answer the phone and talk to them?

Are they the original creditor?
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  #3  
Old 12-22-2008, 11:26 PM
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That's against the law. Send out a cease and desist letter. You can find a sample one plus more help at budhibbs.com
  #4  
Old 12-23-2008, 12:54 AM
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Quote:
Originally Posted by EvaRuby210 View Post
That's against the law. Send out a cease and desist letter. You can find a sample one plus more help at budhibbs.com
Your information may not be correct Eva. I realize that you are new to this forum but please make sure if you are going to give information that it is accurate.

Indiana asked a very important question - the OP has yet to answer. Once the OP answers that question we will have a better idea as to how many times the creditor can call.
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  #5  
Old 12-23-2008, 10:28 AM
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even if it's an agent of the original creditor, such as a collection agency or attorneys office 15 times in one day can't be reasonable by any standard. I don't know actual law but it seems like 3-4 per day should be the allowed maximum. Once in the morning, once in the afternoon, and maybe twice in the evening - and that's if they have had no contact yet. Also when they talk to you make sure they state before they say anything "this is a communication to collect a debt, any information obtained shall be used for that purpose" If they repeatedly omit that phrase, they are in violation of the fair debt.
  #6  
Old 12-23-2008, 10:31 AM
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Quote:
Originally Posted by creditorRights View Post
even if it's an agent of the original creditor, such as a collection agency or attorneys office 15 times in one day can't be reasonable by any standard. I don't know actual law but it seems like 3-4 per day should be the allowed maximum. Once in the morning, once in the afternoon, and maybe twice in the evening - and that's if they have had no contact yet. Also when they talk to you make sure they state before they say anything "this is a communication to collect a debt, any information obtained shall be used for that purpose" If they repeatedly omit that phrase, they are in violation of the fair debt.
THAT is obvious.
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  #7  
Old 12-23-2008, 10:42 AM
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Quote:
Originally Posted by creditorRights View Post
even if it's an agent of the original creditor, such as a collection agency or attorneys office 15 times in one day can't be reasonable by any standard. I don't know actual law but it seems like 3-4 per day should be the allowed maximum. Once in the morning, once in the afternoon, and maybe twice in the evening - and that's if they have had no contact yet. Also when they talk to you make sure they state before they say anything "this is a communication to collect a debt, any information obtained shall be used for that purpose" If they repeatedly omit that phrase, they are in violation of the fair debt.
From the FDCPA

Quote:
§ 806. Harassment or abuse
A debt collector may not engage in any conduct the natural
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 property
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 section
603(f) or 604(3) of this Act.
(4) The advertisement for sale of any debt to coerce payment
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.
The autodialer does not know if a person is home. The intent is to contact the debtor, not to "annoy, abuse, or harass." It is reasonable to attempt to contact a debtor until contact is made.
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  #8  
Old 12-23-2008, 05:31 PM
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Location: Texas
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Unlike "creditorRights", I do know the law in Texas.

Once we get OP's answer to the question, we'll be able to accurately answer.
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