Can a debt collector keep calling your cell phone everyday? They call my boyfriends work cell phone is that?

Question

illegel where can I find what they can and can not do like certain times they can and can not call? He has been written up at work and I told them this last monday and everyday ever since they have called the number and he gets introuble at work they wont stop

Answer 1

no, they can't do that.  in fact you can sue them for harassing phone calls.

Answer 2

This is from the Fair Debt Collection Practice Act...

§ 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;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

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What they are doing is a blatant violation of the FDCPA. Trouble is, it'll be their word against yours since your warning was verbal.

Your boyfriend needs to send this agency a certified, return receipt letter stating that it is inconvient to receive phone calls, especially ones at his place of employment and that all contact needs to be done through US Mail. I would also fax and mail a copy of the letter through first class mail, and reference this in your certified letter.

Once you have done this, you can PROVE they were instructed not to call, and if they continue to do so there are tons of lawyers who would file a FDCPA violation lawsuit. Your boyfriend can then take a copy of the letter to his boss and show that he has instructed this agency to stop contacting him at work.

Answer 3

When they're looking for money yeah they can keep calling.