Legal Question in Credit and Debt Law in California
How Many Calls Constitute Harassment?
I receive between 7-12 calls per day (1-2 calls per hour) from my equity line lender. The calls start the day after my bill is due and do not stop even after I speak with several reps to explain my pymt has be scheduled on-line (as it always is). I've even called THEM to let them know when it's scheduled and still the calls continue. I've asked, begged & pleaded for them to stop. I've explained they are calling my cell phone and it is costing me money for each call. I've written a letter asking them to stop the harassment. I've kept log of all call dates/times and also conversations.
They are the original creditor - do they have to stop? Is it legal for them to call this many times per day on a cell phone? How many calls per day constitute harassment? Thank you.
3 Answers from Attorneys
Re: How Many Calls Constitute Harassment?
Violations of the Fair Credit Collections and Reporting Act are compensable. Call me directly at 1.619.222.3504.
Re: How Many Calls Constitute Harassment?
You ask how many calls constitute harassment. There is no firm number, however, it is unreasonable for them to call repeatedly in one day, particularly when you do speak to them, provide information on payment, and request them to stop.
It may be worth it for you to consult an attorney about possible violations of the Fair Debt and Credit Collections Act (and similar state laws, which would probably cover this lender). This conduct certainly seems to me to be harassment.
-- Amy Kleinpeter
http://www.amykleinpeter.com
Re: How Many Calls Constitute Harassment?
What constitutes harassment varies depending on the circumstances. In this case, however, 7 - 12 calls per day is going to be VERY hard for them to justify. Add in the fact that payment has already been done online and you have a situation that really does look like violation of the Fair Debt Collection Practices Act.
There also may be violations of the Fair Credit Reporting Act depending on what other actions they are taking, i.e., are they damaging your credit with erroneous reporting to credit bureaus?
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