What constitutes ' harrassment ' ?

[USAviator]

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

My wife and I have ONE overdue payment ( October ) to a certain well known company . The reason being that it was necessary for me to pay for medicine due to a recent illness . The November payment is not due until the 15th of the month . The company calls us between ten an twelve times a day , often by using alternate phone numbers , ( a 1-800 number and a number that shows up as ' unknown ' from Lexington KY ) They never leave a voice message , but occassionally there is a blank message . . . no speaking , just silence . Calls usually begin around 7:30 Am and continue until 10:30 - 11:00 Pm .

How many times a day can a company call when you actually only owe one payment ? I should mention that due to the phone system we use ( VOiP ) every incoming and out going number , date and the time are recorded , and it wouldn't take more than a few minutes to print out a record.

My question :
Does 10 - 12 calls a day constitute harrassment , and to whom , or what agency would I send a copy of the phone record ?

Thanks

 

[racer72]

Does 10 - 12 calls a day constitute harrassment , and to whom , or what agency would I send a copy of the phone record ?

No, it's not harrassment. When your next payment is due is irrelevant. Original creditors are not held to the same standards as third party collectors.

 

[bdancer]

There is a huge difference between calling repeatedly and actually speaking to the person. Calling 12 times a day is an attempt to actually get you on the phone, not harrassment. If you actually answered and spoke to them every time they called, then you might have a claim of harrassment.

 

[cosine]

There is a huge difference between calling repeatedly and actually speaking to the person. Calling 12 times a day is an attempt to actually get you on the phone, not harrassment. If you actually answered and spoke to them every time they called, then you might have a claim of harrassment.

It's not much of a genuine try to communicate if they don't leave a message (assume a means exists to do so) for at least one of those calls each day.

There are no legal provisions specific to debt collection to consider this harassment, because it is the original creditor (who you chose to do business with and still is the holder of the debt or account). There may be some provision to classify harassment within the context of general phone communications, but merely trying to reach you doesn't come close to that.

Answer the call (or call back) and deal with it. Is this for a credit card that you might have been able to continue to use, but could not have used for the medicine?

Once you explain to them a situation where you are unable to pay, then MAYBE further calls would be considered harassment (because it is generally considered that situations regarding monthly payments do not change on an hour to hour basis ... e.g. calling to find out if your situation has changed is pointless if they found out an hour before that it had not changed). Calling daily, however, might be considered different. But you can't know if they are just calling to find out if you are able to pay, yet, if you don't communicate with them at all.

Are you wanting to just ignore them until they sell the debt or sue you?

 

[StephenH]

If they are calling after 9PM without your permission this may be a FDCPA violation.

 

[TigerD]

If they are calling after 9PM without your permission this may be a FDCPA violation.

Explain how this could possibly be an FDCPA violation.

DC

 

[You Are Guilty]

Explain how this could possibly be an FDCPA violation.

DC

I heard if they're not wearing their hat when they call you, it's a violation of the FDCPA as well. (Also, if there's is a fringe on the phone they use to call you, it's an illegal phone).

I learned that in Bizzarro Law 101.

 

[StephenH]

Debt Collection FAQs: A Guide for Consumers

This FAQ clearly says collectors may not call after 9PM

 

[TigerD]

Debt Collection FAQs: A Guide for Consumers

This FAQ clearly says collectors may not call after 9PM

Actually, the law reads that third party debt collectors cannot call too early or too late and that 8 a.m. to 9 p.m. is presumed acceptable.

That means your entire point is moot because the OP is being called by the OC.

YAG - There is a clearly define exception to the hat law when the collector is calling intrastate, interlata. The hat then is optional, however, one sequined glove is required. We just always referred to the fringe as hair and covered that block.

DC