Legal Question in Credit and Debt Law in Wisconsin

Bill Collectors

We have an employee who receives calls daily from bill collectors, he is a heavy equipment operator who travels to job sites so he is never here to take the call and we tell the callers this and they still keep calling, is this legal?


Asked on 7/13/07, 11:06 am

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Bill Collectors

Section 805(a) of the FDCPA provides with regard to Collection calls to consumers ( AKA Debtors ) that:

Unless you consent or a court order permits, debt collectors may not call to collect a debt:

(1). at any time or place which is unusual or known to be inconvenient to you. 8 a.m. - 9 p.m. is presumed to be convenient;

(2). when he knows you are represented by an attorney with respect to the debt, unless the attorney fails to respond to the communication in a reasonable time period, and

(3). at work if he knows your employer prohibits such contacts.

Thus per Section 805(a)(3), Debt collectors may not call a person at work if they have reason to know the person�s employer forbids such communication (e.g., the employee or employer has verbally informed them).

Don't rely on a verbal communication. Either (or both) the employer and/or employee should notify the debt collector in writing (and keep a copy) that calls are not permitted at work.

If the calls continue to come in, document who makes the call and you should be able to prove a FDCPA violation such that you can hire an attorney to file suit (and the attorney fees in a successful claim are paid by the debt collector)

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Answered on 7/13/07, 12:29 pm


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