What are my chances?

[9double8]

What is the name of your state? Florida

I recieved a call from my mortgage company at 9:09pm EST. I moved to Florida and bought a home. My payment is due the 1st and the late charge is assesed on the 17th. They were calling to inquire on my payment, which is no problem. Well calling after 9pm violates 15 USC 1692(c).

Here is my question, I have a (630) area code. It is an old Chicago suburb area code which is CST so that time would of been 8:09pm and well within the time frame but my property address the mortgage company called me at and knowing I live in FL was EST and after the 9pm cut off, is this worth pursing for 1 violation? I have researched it and it is a max of a $1,000 award if taken to litigation or should I just write them a letter and see if they will offer any compensation? Anyone with any experience out there for 1 violation?

Thanks for all your help in advance!

 

[Ladynred]

Well calling after 9pm violates 15 USC 1692(c).

Since you are dealing with the ORIGINAL CREDITOR and not a 3rd party debt collector, the FDCPA does not apply - they can call you any time they want to - unfortunately.

 

[TigerD]

What is the name of your state? Florida

I recieved a call from my mortgage company at 9:09pm EST. I moved to Florida and bought a home. My payment is due the 1st and the late charge is assesed on the 17th. They were calling to inquire on my payment, which is no problem. Well calling after 9pm violates 15 USC 1692(c).

Here is my question, I have a (630) area code. It is an old Chicago suburb area code which is CST so that time would of been 8:09pm and well within the time frame but my property address the mortgage company called me at and knowing I live in FL was EST and after the 9pm cut off, is this worth pursing for 1 violation? I have researched it and it is a max of a $1,000 award if taken to litigation or should I just write them a letter and see if they will offer any compensation? Anyone with any experience out there for 1 violation?

Thanks for all your help in advance!

As LNR said there is no such prohibition on the OC. As a side note, if the phone is out of Chicago, a reasonable person would expect the person to be in Chicago.

You have no leg to stand on. And by the way, the 8 am to 9 pm isn't codified. It is only what the FTC presumes to be commonly accepted reasonable hours. You aren't going to get far with that suit.

Now, one time I called a guy in Hawaii at 4 a.m. his time. His grandmother answered the phone and sd he was sleeping. There is nothing I like better that making sleeping debter get out of bed in the morning. In fact I work extra hard to piss them off so much they can't return to sleep. Anyway, she wakes half the house -- three generations. He finally answers the phone and says, Dude, it's like 4 am." I told him to reset his clocks -- it was about 8:15 and a beatiful day for him to pay his bills in Chicago. Then he says he is in HI and his cell is from Chicago. I marked his cell number as a do not call and asked what time to call him back.

Ironically, we never got to talk to him again -- he was always out. And the final joy of all joys -- he got sued in Chicago.

DC

 

[Ladynred]

The time prohibition most certainly is codified in the FDCPA:

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. 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 collection 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 circumstances 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;

 

[TigerD]

The time prohibition most certainly is codified in the FDCPA:

The point is "shall assume" does not mean is required. It means we must assume that 8am to 9pm is always a conveinant time unless specifically told otherwise. But it doesn't state that outside of that time, we shall assume it is not conveinant. Therefore, the 8am to 9 pm is not actually codified as required calling time. In this case the FDCPA acts to protect collection agencies from AoC deadbeats.

DC

PS-- for the record, most CAs don't call outside of those times period. It isn't worth the hassle. You don't get money fom someone you call too early or too late.

 

[9double8]

As LNR said there is no such prohibition on the OC. As a side note, if the phone is out of Chicago, a reasonable person would expect the person to be in Chicago.

You have no leg to stand on. And by the way, the 8 am to 9 pm isn't codified. It is only what the FTC presumes to be commonly accepted reasonable hours. You aren't going to get far with that suit.

Now, one time I called a guy in Hawaii at 4 a.m. his time. His grandmother answered the phone and sd he was sleeping. There is nothing I like better that making sleeping debter get out of bed in the morning. In fact I work extra hard to piss them off so much they can't return to sleep. Anyway, she wakes half the house -- three generations. He finally answers the phone and says, Dude, it's like 4 am." I told him to reset his clocks -- it was about 8:15 and a beatiful day for him to pay his bills in Chicago. Then he says he is in HI and his cell is from Chicago. I marked his cell number as a do not call and asked what time to call him back.

Ironically, we never got to talk to him again -- he was always out. And the final joy of all joys -- he got sued in Chicago.

DC

Thanks DC--

Do you do student loan collections for DOE by any chance? I have done collections for years and totally forgot about it applying to agencies only.

 

[TigerD]

Thanks DC--

Do you do student loan collections for DOE by any chance? I have done collections for years and totally forgot about it applying to agencies only.

Nope. I have been working consumer accounts. Right now my team is working accounts for a major financier of computer equipment. We handle accounts from 60 to 120 days and from 120 to 180 days. Initial collections from days 5 through 60 are outsourced offshore by the client. Prior I led a team in telco collections.

DC