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7000 Peters Creek Rd., Roanoke, Virginia
1-866-260-5994 |
CCCS of Southwest Virginia |
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Harassment |
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I' m having a problem with a credit card company . I'm behind 50
days with a payment . I spoke to customer service and explained my situation but
I still keep geting phone calls , about 10 times a day. Someone told me that
there is a law that says you can request for your phone number to be taken off
their list . Is it true? Also , is it harrassment for them to be calling so
much?
Thanks, Gilbert.
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The list that you are
inquiring about to have your phone number added to not call anymore is in
reference to having somebody call you in an effort to try and sell you
something. You can have your phone number added to this list stating you do not
want any more sales calls. There is no list that you can have your phone number
added that prevents a creditor from calling you in an effort to try and collect
on a past due account.
In regards to the creditor calling about 10 times
a day and is this harassment. What actually constitutes harassment would be up
to the courts to decide, if you chose to sue a creditor for harassment. Some
courts might feel what the creditor is doing is harassment while another court
would consider those collection tactics a routine collection practice. In my
opinion, as long as the creditor is not calling and talking to you 10 times a
day but just leaving a message, I do not feel the courts will consider those
harassing phone calls. The courts will consider these attempts by the creditor
to reach you to discuss your delinquent account, a routine attempt to collect on
a delinquent account, which they have a legal right to do. At this point, I feel
all you can do is continue to screen all of your calls and get current on this
account as soon as possible.
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Is there any law that I can reference to get collectors to stop
calling me on Sundays and late at night? I have already set up payment plan with
the collector. Can you give me some insight on this problem.
Thank you,
Trula.
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Although you feel you are
being harassed by this collector, what actually constitutes harassment would be
up to the courts to decide, if you chose to sue a creditor for harassment. Some
courts might feel what this creditor/collector is doing is harassment while
another court would consider these collection tactics a routine collection
practice. To my knowledge, there is no state or federal collection law that
prohibits a collector from calling on Sundays. The federal "Fair Debt Collection
Practices Act", and most state collection laws prohibit collectors from calling
before 8 a.m. or after 9 p.m., unless you agree.
The federal "Fair Debt
Collection Practices Act" (FDCPA) regulates only a "debt collector" who the
FDCPA describes as any person, other than the creditor, who regularly collects
debts owed to others. For FDCPA purposes, a debt collector generally means
collectors working for collection agencies and attorneys who collect debts for
creditors. The FDCPA states a debt collector may not contact you at unreasonable
times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt
collector may not contact you at work if the collector knows that your employer
disapproves.
Each state sets their own collection laws that are similar
to the FDCPA. And state collection laws cover all collectors whether they work
for the creditor or whether they work for a collection agency. To try and find
out what the collection laws are in your state, you will need to seek the
services of an attorney. Your state Consumer Protection Office might also be
able to assist you.
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CCCS, A Division of Money Management International
Regional Headquarters - 7000 Peters Creek Rd., Roanoke, Virginia
Corporate Address - 9009 West Loop South, Seventh Floor, Houston, TX 77096 |
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