Free Republic
Browse · Search
General/Chat
Topics · Post Article

Current situation: This morning at 6:49 AM, I was awoken by my cell phone ringing with a 1-800 number showing in the Caller ID. As I was still half asleep, I let the call go to voicemail. When I listened to the message later, I discovered that the call was from a collection agency.

Are calls before 7 AM from collection agencies legal? I seem to recall from the earlier thread that there are very strict limits on the times during which collection companies can make their calls and that fines are paid to the consumer receiving such an illegal call.

Would the fact that the call was meant for someone else prevent me from taking any legal action?

Might it be worth pursuing this?

Any feedback from FReepers knowledgeable in collection practices law would be greatly appreciated. Thanks.

1 posted on 02/05/2010 1:24:12 PM PST by Bob
[ Post Reply | Private Reply | View Replies ]


To: Bob
Would the fact that the call was meant for someone else prevent me from taking any legal action?

Actually it may set them up for more charges. For example, they cannot harass the friends/family/employer of the delinquent consumer.

You are even removed from that pool. They cannot discuss his case with you. They should not be calling you.

2 posted on 02/05/2010 1:26:25 PM PST by a fool in paradise ("like it or not, we have to have a financial system that is healthy and functioning" Obama 2/4/2010)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

Collection calls are illegal before 8am local time. Tell them you are recording the call, and that they are warned that they are in violation of the Fair Debt Collection Practices Act. That should at least stop the illegal calls.

Get the address of the company, and send a certified letter notifying them in writing that you are not the individual they are looking for, and that they should cease contact at your number.

But, debt collectors are just about the lowest form of bottom feeders on this planet. They very well may not stop. Or, they’ll sell the debt, and the next guy will start contacting you again.

SnakeDoc


3 posted on 02/05/2010 1:29:15 PM PST by SnakeDoctor (Life is tough; it's tougher if you're stupid. -- John Wayne)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

Acutally, that was me just drunk-dialing. Sorry.


4 posted on 02/05/2010 1:30:20 PM PST by Larry Lucido
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

Telemarketers have time restrictions but I don’t think collectors do.


5 posted on 02/05/2010 1:30:34 PM PST by mnehring
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

I’d just get another number.


6 posted on 02/05/2010 1:33:21 PM PST by 1776 Reborn
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

Is it a robocall? FTC regulations prohibit robocalls to cellphones where no prior relationship exists.


9 posted on 02/05/2010 1:36:05 PM PST by posterchild (Endowed by my Creator with certain unalienable rights.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

I have had a cell number for about 6 years now. I still get calls for Hakim. I’m torn between his being a gardener or a drug dealer, the timing of many of the calls indicates the latter. The old lady that calls about every other month makes me think the former. Perhaps he is/was both.


10 posted on 02/05/2010 1:37:12 PM PST by Ingtar (I closed my eyes, only for a moment, and the moment's gone...)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm


11 posted on 02/05/2010 1:37:33 PM PST by savedbygrace
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

Get used to it, Bob.

I’ve lived in this house since 1988 and still get mail for some joker who owes money who lived at this address before me.

This phone number is equally old. I still get phone calls for the same joker.

What companies are doing now is to hire Canadian and other foreign companies to make their harrassment calls which circumvents the “no call” law. That gives them carte-blanche to call any time they damned-well please.


15 posted on 02/05/2010 1:45:28 PM PST by El Gran Salseron
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

From my understanding, it’s from 8am to 9pm, YOUR TIME ZONE.


20 posted on 02/05/2010 1:53:43 PM PST by autumnraine (You can't fix stupid, but you can vote it out!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

Get the name and address of the company and write them a “cease and desist” letter explaining the situation with a cc at the bottom to the FTC, the BBB and your state AG’s office (consumer protection division). It works for me, I recently sent one out for calls I was getting at least 5 times a day concerning an Earthlink dial-up internet connection that I had cancelled when my phone company installed broadband in our neighborhood but Earthlink continued to try to bill me for two months afterwards. Sheesh, I was a perfect customer for 8 years (autopay), so it really hacked me that they were treating me like some kind of deadbeat. Haven’t heard a word from them since.


24 posted on 02/05/2010 2:13:56 PM PST by ravingnutter
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Bob

Your state may also have laws in addition to the federal Fair Debt Collection Practices Act. Try checking your states Attorney Generals website.


25 posted on 02/05/2010 2:39:41 PM PST by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson