What are the laws regarding bill collectors harrassing me, my references, my work?

Question

I have a Cash Call loan. I am in the process of finding funding to pay them off. In the meantime, I don't have the amount they are asking for payment. I have read other places that they will call my references (three friends and three relatives), my workplace and me repeatedly once this has gone past due.

What are the laws in the state of Oklahoma or nationally in regards to them calling my workplace or references?

I don't mind fielding their calls to make arrangements. I just don't want to have some of the horror stories that I have read online.

And before the questions come....I was in a dire place when I took this loan for $2600 @ 96%. I have recently been ill or would have been able to handle the payment. I am looking for information on my rights, not criticism.

Thank you for any help you can give!

Answer 1

It sounds like you are dealing with Cash Call and not a collection agency. If that is so, the FDCPA will not help.

The FDCPA governs the collection agencies and not the original creditors.

Some states have their own version of the FDCPA that includes original creditors - Oklahoma is not one of those states.

There isn't much you can do to prevent Cash Call from calling your friends and relatives. If Cash Call does call them, you might have whichever ones that are called send Cash Call a full cease & desist letter.

"You should not send a full cease & desist"
(A debtor should never send a full C&D to a creditor/collector unless the debt is past the collecting SOL and the debtor had made that fact known to the creditor/collector)

Even though Cash Call is not governed by the FDCPA you might send them a "limited" cease & desist (it might fly you never know).
You would basically be requesting that no phone communication from them be made to your place of business or your home because it is inconvenient to you. That any future correspondence from them must be done by USPS.

Send it certified mail return receipt.

Since you said that you don't mind them calling you, you might leave out the reference about contacting you at your home and also omit the last sentence.

If they start calling you work and keep calling, and/or keep calling your friends/relatives after C&D's are sent, you might file a complaint with the AG.

Answer 2

I just love it when collection agents automatically assume debtors are dodging their debts.

Take mj69catz's response for example. A former collection agent, and she automatically assumes you are dodging so that it's perfectly ok to harass your friends, neighbors and employer??? No, it's not ok to do it. Whatever term you want to use, it's still harassment.

And the standard CA advice...."Also, pay them at least a partial payment if you possibly can. This will limit their ability to take action. "

Another CA lie. It does NOT stop the creditor from taking any legal action, as they can still sue you for the unpaid balance. What this does is slowly bleed you of your money, and when it's obvious they can't get more, then they sue you. To make it worse, every time you make a payment you reset the statute of limitations, making it easier for them to harass you for several more years! Yeah, I'm on to this game.

Echo is right. Oklahoma specifically states in their statutes that they follow the federal guidelines in the FDCA. And these paycheck loan companies are the absolute worse when it comes to harassment. With no laws to govern them, they will do everything in their power to harass you and drag you though the mud. Only advice I can give is never do business with these loan sharks.

For now, just have your friends and neighbors track the calls, and if the calls become too frequent file a police report.

Answer 3

Generally, a debt collector will work with you to resolve your debt if you stay in communication with them. The purpose of the references is to LOCATE you, not to harass you. From my experience, most of the people who "get harassed" are not totally up front with their collectors and will lie to the collectors.

The best way to handle this is to be proactive. If you are unable to make a payment on time, contact them and let them know when you will be able to make the payment, and what you can do. Also, pay them at least a partial payment if you possibly can. This will limit their ability to take action.

They cannot contact you at work if you tell them they can't. And there are laws against them harassing you -- the Fair Debt Collection Practices Act.

Answer 4

Fair Debt Collection Practices Act.... Federal act that lists this information: http://www.womens-finance.com/credit/fairdebtcollection.shtml