Legal Question in Credit and Debt Law in Pennsylvania
Can a bank continue to call me up to 15 times a day when I have asked to be removed from the automated system and already spoke to a representative and made a payment?
2 Answers from Attorneys
Response by Attorney Michael Kotik a Pennsylvania and New Jersey lawyer.
They should not be able to call you anymore. Especially, if you made payment. There is just no reason for that phone call.
Lawyer Michael Kotik
Two Penn Center (Philadelphia)
1500 John F. Kennedy Blvd., Suite 220
Philadelphia, PA 19102
(215) 564-1010 (Direct Line)
(267) 265-4553 (Cell Phone)
[email protected] (Email)
No. This is a violation of the PA Fair Credit Extension Uniformity Act (FCEUA) - bizarre name, but basically it is like the PA version of the federal fair debt collection practices act (FDCPA). However, unlike the FDCPA, this one applies to original creditors and not just debt collectors. The bank was calling as you obviously owed them money. Whether you do or not, you have the right not to be harassed under the FCEUA but you have to set forth your demand in writing to put them on notice.
Since you already paid, I would write a letter to the bank - direct it to the person in charge of customer operations or collectionns and demand that they stop calling you and that any further communication be in writing and sent to your home address. Keep a copy of the letter and send it via certified mail, return receipt requested. Try and get a physical address for the bank. Tell them also in the letter that you were advised of your rights by an attorney and that if the bank continues to harass you then you are going to be compelled to take further action.
You might want to file a complaint with the Consumer Financial Protection Bureau at http://www.consumerfinance.gov too.