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Old 07-30-2008, 11:56 AM
 
Location: Deep in the heart of Texas
1,894 posts, read 4,207,871 times
Reputation: 1792
Default How many times can a creditor call in one day?

This is a question posed by one of my coworkers. She has her car loan company calling her 6-7 times a day when her payment is late about 5 days. She says it's a computerized call and it has a recording that says "please call XXX at 1-800-XXXX) blah blah. It leaves a message on her voice mail. If she answers the call to talk to them and tell them she already mailed it, she only hears the same recording. Is it legal for them to contact her every single day umpteen times per day?

I told her I would ask here
You guys know everything.
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Old 07-30-2008, 01:00 PM
 
Location: Backwoods of Maine
2,007 posts, read 2,455,962 times
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I don't claim to know everything...and I don't have creditors calling me (not yet!). It seems to me that if you owe money, it would be legal for them to call you as many times during the day as they have time for. Actually, I understand that if you have a message machine and they can't reach you personally, you may get more calls. If a person answers the call, then the conversation takes place, and the need for additional calls is reduced.

If this person is continually late by 5 days every month, it may be to her advantage to discuss this with the car loan company, and try to negotiate a different due date. This can usually be done without too much problem. Sometimes explaining that the bill is due at the same time as another large bill, will clear up the matter. Repeatedly late payments will affect her credit rating, so she should call and try to make an arrangement with them.
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Old 07-30-2008, 02:39 PM
 
Location: Apple Valley Calif
7,213 posts, read 10,778,009 times
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It is not legal for them to harrass you. Google "The Fair Debt Collection Practices Act", and it will explain your rights. there are laws agains harrassment to collect a debt.
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Old 07-30-2008, 03:41 PM
 
Location: Southwest Nebraska
1,291 posts, read 2,344,984 times
Reputation: 830
Quote:
Originally Posted by CTR36 View Post
This is a question posed by one of my coworkers. She has her car loan company calling her 6-7 times a day when her payment is late about 5 days. She says it's a computerized call and it has a recording that says "please call XXX at 1-800-XXXX) blah blah. It leaves a message on her voice mail. If she answers the call to talk to them and tell them she already mailed it, she only hears the same recording. Is it legal for them to contact her every single day umpteen times per day?

I told her I would ask here
You guys know everything.

Just hang up.
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Old 07-30-2008, 03:53 PM
 
Location: Deep in the heart of Texas
1,894 posts, read 4,207,871 times
Reputation: 1792
Thanks for your replies. I will tell her to change her due date and to google that act.
The thing is they call her on her cell phone (that's the number she gave them) and it constantly rings while at the office (well vibrates) I asked her the other day "Who keeps calling you?" So she told me.
Now she says she feels like giving back the car b/c it wastes too much gas and now she is spending more on fuel than the payment itself. She pays $660 a month (she volunteered this info). I told her if she just "gives it back" it will go on her credit as a voluntary repo and then they'll come back after her for the balance of that loan if it doesn't sell well at auction. And it won't trust me....these big pickups aren't very popular. And she can't trade it in b/c her credit is not that great (her husband lost his job). ((Sigh)) Such is life. I feel for her.
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Old 06-22-2010, 10:56 AM
 
Location: Arizona
1,189 posts, read 1,063,577 times
Reputation: 1466
I found this in the Fair Debt Collection Act:

[SIZE=3](5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
[/SIZE]
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Old 06-22-2010, 11:11 AM
 
2,318 posts, read 430,961 times
Reputation: 540
Quote:
Originally Posted by lauramc27 View Post
I found this in the Fair Debt Collection Act:

[SIZE=3](5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. [/SIZE]
[SIZE=3][/SIZE]
The intent is to collect money owed, so they can call till the cows come home . Nothing illegal about it .
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Old 06-22-2010, 11:17 AM
 
40,871 posts, read 42,017,499 times
Reputation: 12247
No they can not legally and if reported they will stop as long as they can be identified. I Txas a call to teh attorney generals office would stop this pretty quickly but first its required that you call them and tell them to stop on automated or tell them when they call in person.Its considered the same as any other telephone harassment in Texas law.Its alos federal enforceable but they let the staes handle it mostly.
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Old 06-22-2010, 12:45 PM
 
Location: Houston, Texas
10,428 posts, read 27,695,721 times
Reputation: 9518
Quote:
Originally Posted by texdav View Post
No they can not legally and if reported they will stop as long as they can be identified. I Txas a call to teh attorney generals office would stop this pretty quickly but first its required that you call them and tell them to stop on automated or tell them when they call in person.Its considered the same as any other telephone harassment in Texas law.Its alos federal enforceable but they let the staes handle it mostly.
Huh? One too many beers there tex?

No they can not harass you all day long. If they do then just call your phone carrier and put a block on that number. Besides, a newby reopened this antique thread. The statute of limitations for this debt has since run out for the OP and that debt has expired already.
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Old 06-22-2010, 06:46 PM
 
Location: SARASOTA, FLORIDA
11,502 posts, read 7,733,200 times
Reputation: 4787
Quote:
Originally Posted by Pappy&Me View Post
The intent is to collect money owed, so they can call till the cows come home . Nothing illegal about it .

Wrong.

The law states they cannot call and harass you.

OP- Send them a letter asking them NOT TO CALL you. Tell them you can send me a letter in the mail and that if your choice of communication with them.

They are by law bound by your letter to stop the calls.

If they call you after they receive your letter they are in violation of the FCRA and it can cost them at the minimum of 1,000 per call.

If they call record them. They are not allowed to threaten or harass you even if you owe them money.

Send the letter by registered mail.

By the way, who is the collector?

They might not have the correct license to even collect the debt.

How old is the debt? It might be out of SOL to even be collected?

Collectors know the law, now you do. They must stop the calls if you ask them to.
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