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pro11t

Guest
What is the name of your state? Texas

In the last hour, I have gotten 4 phone calls from the same number, and by different people.

716 650-6240 I have the info on my caller ID can I file a complaint and if so with who? Tim
 


bigun

Senior Member
You may want to flesh that out a little. Who's calling? Is it a collector? Are they calling for you or, a member of your household?
 
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pro11t

Guest
It is a collection agency, I am not sure but they call alot but tonite they have called 4 times with in an hour
 

racer72

Senior Member
Collection agencies are only limited on the time of day they can call, not the number of times they can call. This is especially true if you are hanging up on them or not answering the phone.
 

Ladynred

Senior Member
Except that, the FDCPA DOES say that causing the phone to ring in a manner that would annoy or harass is a violation:

"15 USC 1692d

ß 806. Harassment or abuse

(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."

If it were me, 4 times in an hour would most certainly be ANNOYING and I would consider it harassment !

They use auto-dialers.. and they will redial your number over and over and over until you pick up the phone. I had one CA who called my house 27 TIMES in ONE DAY - all in the space of about 2 hours. I have an answering machine program on my pc and it clearly shows every call and logs the time, date, the number calling AND WHO, if they haven't blocked it from Caller ID. I have sufficient evidence in those logs to nail their butts for violations - THAT is harassment !!
 

racer72

Senior Member
In a recent case a judge ruled that as long as the recipient of the call was not answering or hanging up upon notification of who was calling, the CA can call right back. All the person has to do to stop the calling is talk to the person from the collection agency and they can notify the caller at that time over the phone to not call again that day. A certified letter, per the FDCPA, is required to stop all phone calls. If a person refuses to answer the phone or hangs up after determining who is calling, they are not taking appropriate measures themselves to stop the calls and therefore it is not harrassment. Ignoring phone calls that are legitimate, even if repeated, is not harrassement. The calls are a valid attempt to collect on a debt. Answering the phone is the easiest way to stop the calls.
 

Ladynred

Senior Member
That seems to fly in the face of the text of Section 806 (5) that I posted.

"causing the phone to ring..... with intent to annoy, abuse, or harass any person at the called number."

Doesn't say anything about having to ANSWER the phone. Most of the time, when they use these auto-dialers, if you DO pick it up you get a 'please wait' recorded message... I hang up on those - no matter what the source.

As for stopping the calls by asking them not to call back that day .. what planet does that judge live on ??? Unless you cave in to the verbal bludgeoning and agree to fork over all the money they say you owe right then and there - they will NOT stop calling. You can TELL them until you're blue in the face, most won't stop. I've had this happen, and its happened to many others. They mark you as 'refusal to pay' and put your number right back into their damn queue - and you'll get more calls the same day, sometimes in the same HOUR !
 

racer72

Senior Member
Ladynred said:
That seems to fly in the face of the text of Section 806 (5) that I posted.

"causing the phone to ring..... with intent to annoy, abuse, or harass any person at the called number."

This was brought up but try to prove it. The lawyer for the CA claimed his clients just wanted to talk to the debtor about his account. The judge also stated the debtor had in his power to mitigate the number of calls but did not make any attempts to do so. The judge did warn the attorney representing the CA to advise his clients that if he gets anymore cases such as this from his client, he won't hesitate to change his mind.
 

Ladynred

Senior Member
Well.. with my phone answering software I COULD prove it ! It logs every single call, whether its answered or not and give all the timely details too ;)
 

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