Legal Question in Credit and Debt Law in Virginia

Constant phone calls after asking for them to stop.

We're behind (it's in my name but I'm married) on our home equity loan. We've still been paying and are slowly but surely catching up. We've been making payments through our bank to save on their phone fee. I asked for the calls to stop at home and work (2 numbers there). They continued to call. I spoke customer service today and again requested for them to stop (previous to this my wife spoke to them, I had authorized her to speak on my behalf but they've apparently ''lost'' that). I was told the calls would stop immediately, but they haven't. Just today we got 14 calls from them. Do they have the right to keep doing this? We have every intention on paying the debt and we've told them that. But, they are now getting nasty with my wife and have told her she's not intelligent and have told her that she's not allowed to finish her sentences because we have no rights. They've also laughed at her and their tone has been very bad. We've tried to keep our calm, but it's getting to the point where we need to do something! Are we legally allowed to tape the conversations? Do we need to tell them that we're taping them? Thanks for your help!


Asked on 6/15/06, 9:20 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Constant phone calls after asking for them to stop.

Unfortunately, the Fair Debt Collections Practices Act governs debt collectors... meaning someone collecting a debt FOR ANOTHER. If the bank is collecting on their own debt, they may not have any legal restrictions on their phone calls.

Read more
Answered on 6/17/06, 10:56 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Virginia