when does ir become harrassment?

[deckfluf]

What is the name of your state (only U.S. law)? CA
I know, pay my bills....

Original creditor called 13 times , between 7:25-8:00, basically every 2-4 minutes...when is it considered harrassment? I've talked to them before & told them there is no money to pay. When to report of FTC?

[deckfluf]

bump. I've searched yet can't find an answer

[cosine]

If it is the original creditor and not an assignee, then the FDCPA does not generally apply. I've heard of some parts being applied to OCs, but I don't know which. However, telecommunications laws or regulations may still apply.

Engage them with conversation about something completely unrelated. They will try to change the topic back to the debt they want you to pay.

Ask for their phone number. See if they give it to you. If you get it, say "now I can harass you" and hang up (but don't actually do it ... just know that you can).

Ask them if you can record the phone call. If they say no, then ask them if they are recording the phone call.

[JETX]

Originally Posted by cosine

If it is the original creditor and not an assignee, then the FDCPA does not generally apply.

The California FDCPA applies to the original creditor as well as a 3rd party.

However, telecommunications laws or regulations may still apply.

No such 'regulation'.

Engage them with conversation about something completely unrelated. They will try to change the topic back to the debt they want you to pay.

Ask for their phone number. See if they give it to you. If you get it, say "now I can harass you" and hang up (but don't actually do it ... just know that you can).
Ask them if you can record the phone call. If they say no, then ask them if they are recording the phone call.

not of benefit to anyone

Original creditor called 13 times , between 7:25-8:00, basically every 2-4 minutes...when is it considered harrassment?

There is no set number... however, my OPINION is that the calls you describe are excessive and a court, if you brought an action, would likely find it to be a violation.

The following is from the California AG's office:
"An agency may only call between 8 a.m. and 9 p.m. If these hours are inconvenient for you, you may ask the agency to contact you at other times. There is no law that specifically limits the number of calls an agency may make to you, but repeated calls over a short period, which may be annoying or harassing, are prohibited. If you prefer that the agency contact you only by mail, you may ask them to do that. We suggest that you make that request by certified mail and keep a copy for your records (15 USC Sections 1692c & 1692d; CC Section 1788.11(d) & (e)).

To further protect your privacy, collectors cannot use postcards when contacting others, and envelopes must not contain information showing that they have been sent by a collection agency (15 USC Sections 1692(b), 1692c(b) and 1692e; CC Section 1788.12; CCR Section 627(a)).

When contacting some one other than the person who owes the debt, the collector must give his or her name but not the name of the collection agency (unless specifically asked to give that). When contacting the person who owes the debt, the collector must give either his or her name, or the name of the collection agency.

A collector cannot pretend to be anyone except a collector and must tell the person who owes the debt that he or she is trying to collect the debt. Likewise, a collection agency cannot use any words or symbols in its notices to make the person who owes the debt think the notices are legal documents when they are not, or that they come from anyone other than a collection agency (15 USC Sections 1692b(1) and 1692(e); CC Sections 1788.11(c) and 1788.13; CCR Sections 627 and 628.5)"
[url=http://ag.ca.gov/consumers/general/collection_agencies10.php#harassment]Consumers - Collection Agencies - California Dept. of Justice - Office of the Attorney General[/url]

[Mitchell!]

The following is from the California AG's office:
"An agency may only call between 8 a.m. and 9 p.m. If these hours are inconvenient for you, you may ask the agency to contact you at other times. There is no law that specifically limits the number of calls an agency may make to you, but repeated calls over a short period, which may be annoying or harassing, are prohibited. If you prefer that the agency contact you only by mail, you may ask them to do that. We suggest that you make that request by certified mail and keep a copy for your records (15 USC Sections 1692c & 1692d; CC Section 1788.11(d) & (e)).

To further protect your privacy, collectors cannot use postcards when contacting others, and envelopes must not contain information showing that they have been sent by a collection agency (15 USC Sections 1692(b), 1692c(b) and 1692e; CC Section 1788.12; CCR Section 627(a)).

When contacting some one other than the person who owes the debt, the collector must give his or her name but not the name of the collection agency (unless specifically asked to give that). When contacting the person who owes the debt, the collector must give either his or her name, or the name of the collection agency.

A collector cannot pretend to be anyone except a collector and must tell the person who owes the debt that he or she is trying to collect the debt. Likewise, a collection agency cannot use any words or symbols in its notices to make the person who owes the debt think the notices are legal documents when they are not, or that they come from anyone other than a collection agency (15 USC Sections 1692b(1) and 1692(e); CC Sections 1788.11(c) and 1788.13; CCR Sections 627 and 628.5)"
[url=http://ag.ca.gov/consumers/general/collection_agencies10.php#harassment]Consumers - Collection Agencies - California Dept. of Justice - Office of the Attorney General[/url][/quote]

Would you happen to know if the rules are similar in New York State? I was told by someone that collectors can't leave messages (i.e voicemails on cellphone, etc.), but could never determine if that was true. I was having problems with multiple collection agency calls myself for a while, but thankfully most of that is in order now.