Legal Question in Credit and Debt Law in Massachusetts
Harrasment at work
I have had MBNA America calling me daily at work. I have told them I cannot talk while I'm at work. My job is to answer calls from customers.
They have even gone as far as calling the company 800 line and ask to be transfered. They identify themselves to my coworkers. They even got the main switchboard at the office and the main office in Boston where I don't even work......
When they called today, I told them to stop calling me at work. He asked me if I was threatenting him. He then told me to be "ladylike" and at least take his name and phone number. What can I do now?
2 Answers from Attorneys
Re: Harrasment at work
I'll assume that MBNA is trying to collect a credit card
debt from you.
Calling you daily at work after being requested
to is a clear violation of Federal law. The ladylike
comment ... are you female? If so, it's sexist but
probably not outrageous; if you're male, it's a taunt.
Which are you?
Now let's cut to the quick. You asked what you
can do now. 1) DO take down his phone number and
name if you don't already have it. You'll want it
to be able to go after him or them or at least stop
him or them from this behavior.
2) You start by documenting what's been done and by
warning him/them off of doing it any more with
a threat to prosecute them under the applicable
(FDCPA) law. I recommend the use of an attorney for
documentation and for official sounding threatening
references to the federal law being violated, but I
suppose if you had the money for an attorney, you
wouldn't have been getting the calls in the first
place!
3) I recommend an attorney for this, also, and you
might be able to afford this: negotiate the debt
... down! I've been amazed lately at how little
credit card companies are accepting for overdue debts.
Why do I recommend an attorney? They are far more
skilled negotiators, going against full-time trained
professionals in the debt collection business.
How much do you owe? Send me e-mail
at [email protected] directly if you want to
answer my questions.
Re: Harrasment at work
you have a right under federal & state law to prevent
creditor phone calls at work. Creditors are also
prevented from telling co workers that they are
calling to collect a debt. From the facts given,
it is clear to me that MBNA is in violation of federal
& state law. I recomend sending an attorney's letter
warning them of this fact and threatening to file a law suit
if they continue.
Also, if you are over your head, in debt you should look into
bankruptcy options. Speak to an attorney regarding your situation.
I offer a free consultation. Call 978 465-5158 9am to 7 pm
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