Collection Calls early in am

[SkeeterBug]

What is the name of your state?Oregon

I was so mad this morning I could have choked someone. The phone rang real early this morning and it woke me up and when I answered it. it was a collection agency asking for my husband. They phoned up at 6:50 am. I yelled at them and asked them if they had any idea what time it was and I hung up on them. my questions are

1. What hours can a collection agency phone a person?

2. Who can I complain to if they keep doing this?

3. What can I threaten them with if they call again.

 

[zippysgoddess]

Maybe this information will help:

http://www.lawmo.org/law_fdc.htm

You could just stop them from calling altogether by sending a limited Cease&Desist letter which tells them to only communicate by mail. You can find sample letters and more information at www.creditboards.com

You have to make sure this a debt collector and not the original creditor though, the FDCPA does not apply to the original creditors unless your state has set up its own protections for that.

 

[Debt Guy]

Think before you send a cease & desist. For some, it can be a fast track to a lawsuit.

Collection Agencies are governed by the Fair Debt Collection Practices Act. The FDCPA says that a collection may not call you at times that are inconvenient. There are FTC opinion letters that define inconvenient as before 8am local and after 9pm local and other such hours as the consumers communicates in writing.

Yes, calling you at 6:50am is a violation. Most likely their autodailer is programmed wrong and the call was probably just a mistake.

You can file a complaint with the FTC. Or, if your state regulates collection agencies, you can file a complaint with the state regulator. Don't expect a lot of action out of either as they will only act when there a volumes of violations.

If it happens again, you can file suit for violation of the FDCPA -- however, the burden will be on your to "prove" the violation so you need to figure out how you are going to prove to a neutral third party that the collector made the call at the inappropriate time.

You can download a copy of the FDCPA at www.ftc.gov.

 

[SkeeterBug]

More info

Think before you send a cease & desist. For some, it can be a fast track to a lawsuit.

Collection Agencies are governed by the Fair Debt Collection Practices Act. The FDCPA says that a collection may not call you at times that are inconvenient. There are FTC opinion letters that define inconvenient as before 8am local and after 9pm local and other such hours as the consumers communicates in writing.

Yes, calling you at 6:50am is a violation. Most likely their autodailer is programmed wrong and the call was probably just a mistake.

You can file a complaint with the FTC. Or, if your state regulates collection agencies, you can file a complaint with the state regulator. Don't expect a lot of action out of either as they will only act when there a volumes of violations.

If it happens again, you can file suit for violation of the FDCPA -- however, the burden will be on your to "prove" the violation so you need to figure out how you are going to prove to a neutral third party that the collector made the call at the inappropriate time.

You can download a copy of the FDCPA at www.ftc.gov.

It was not an auto dialer it was a person and btw I do have proof it is called Caller ID

I could care less if they sue they cannot get blood out of a turnip. They cannot attach a thing we have. btw we are victims of ID theft.

 

[zippysgoddess]

That is why I recommended a limited C&D letter, then you don't close all avenues of communication and leave them no recourse other than a lawsuit. Anytime a debt may still be in the SOL, you don't want to send them a full C&D or you leave them no recourse but to sue.

 

[zippysgoddess]

Okay, ignore me on the limited C&D, it is a myth. Thanks DG!