1. Is this not illegal for them to call her cell phone harassing her?
2.She does not give her cell number out, how did they get it?
3. How do we make them stop?
She had a bad injury and was unable to pay them for a while, slowly she is paying them again as she is back at work.
2007-12-27 08:54:44 · 12 answers · asked by Retired Punk 2 in Politics & Government ➔ Law & Ethics
1. Is this not illegal for them to call her cell phone harassing her? - Collection calls that are within the law are by definition NOT harassment. Yes, they can call a cell phone. Collection calls are not solicitation calls.
2.She does not give her cell number out, how did they get it? - She gave it to someone that gave it to her. They may have called her work, a relative etc.
3. How do we make them stop? - You can only stop phone calls by sending a written notice to each collection agency.
See http://www.fair-debt-collection.com/ for the laws about collections.
The Do Not Call list only applies to unsolicited sales calls. It does not apply to any collection call or sales calls from a business with which you already have a business relationship. See http://www.donotcall.gov
2007-12-27 09:00:11 · answer #1 · answered by davidmi711 7 · 1⤊ 0⤋
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2016-08-12 10:06:51 · answer #2 · answered by ? 3 · 0⤊ 0⤋
According to the Fair Debt Collection Act of 1974 - a federal law - a collection agency can only call you once a week in the furtherance of trying to collect a debt.
They cannot threaten a lawsuit unless papers have already been drawn.
They CAN call her at work (once a week) UNTIL she tells them not to.
They CANNOT disclose her debt to A N Y O N E - not even you. If they disclose this debt to anyone, it is called third-party disclosure and by law, she no longer owes the debt. (The collection agency CAN sell the debt to someone else and start the collection process all over again.)
Calling your mothers cell phone nonstop is indeed harrassment, AND she can collect from the collection agency - in the State of Florida the fine is $1000 per infraction. Your mother can get a copy of her cell phone bill to see how many times they have called it and she can screw them bad, not to mention have the debt erased from her file.
Debt collectors do a thing called skip tracing to find a debtor. They can use your social to find your home phone, work phone, cell phone, address, employers, etc. They are the scum of the earth and are taking advantage of a loophole in the law.
Debt collectors are also the scum of the earth. They get a bonus for every penny they collect, and oftentimes they will try to collect on debts that are no longer legally owed. They also routinely break the law in trying to get a debt collected because there is no lawful way to extort money from someone, period, as this is not a nation where people go to jail for debt.
2007-12-27 12:06:13 · answer #3 · answered by Rebecca 7 · 0⤊ 0⤋
1- If she owes them money, then them calling her is not harassment.
2- There is no law to prevent them from calling a cell phone, or, in finding out her number in any way they can. (usually a reference gives this out)
3- If she will just talk to them, set up a reasonable plan to get current, and then follow the plan, they won't have any reason to keep calling her.
4- Answer to number 3, pay them.
2007-12-27 08:59:34 · answer #4 · answered by progunr 5 · 1⤊ 0⤋
Many companies have access to personal information when it comes to collecting debts. They have a right to call her if they are trying to collect money that she owes. However, if she chooses, she can write those companies and demand that they quit calling her and communicate with her only through letter correspondence. Unless they are being abusive on the phone, that is really her only options.
She should also call the companies that she owes, explain her situation and work out a payment plan with them. They may be calling her constantly because she has not communicated with them about her situation and they believe they will not be paid.
Good luck.
2007-12-27 09:04:21 · answer #5 · answered by Spirish_1 5 · 0⤊ 0⤋
No. Infact we are having a a bit of an arguement with our bank about it at the moment. Any person could ring up and pretend to be a bank and ask you for personal info, so we refuse. We will only deal online and with a proper branch. They (the call centre) still keep calling all the time, even though we have been taken off the list by our local branch and ticked all the relevant boxes saying NO CALLS. The call centre say they can only take us off their list once we have given them our personal details! Grrrr this is one of my pet hates at the moment and I could rant for ages on the subject!! PS We check the numbers they call from and they are legitimate bank numbers...
2016-04-11 03:49:51 · answer #6 · answered by ? 4 · 0⤊ 0⤋
1. It is not illegal.
2. She likely gave them the cell number at some point. But they trade info with other companies also. Could also be in her credit file, which she allowed them to pull to extend credit in the first place.
3.www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm
2007-12-27 09:04:41 · answer #7 · answered by scottclear 6 · 0⤊ 0⤋
you should call the credit card company and have them take her name of the calling list because it is illegal to call a cell phone.
2007-12-27 09:09:37 · answer #8 · answered by Anonymous · 1⤊ 0⤋
It's her number. She owe them. All she have to do is pay them and they will stop calling.
2007-12-27 09:05:25 · answer #9 · answered by MS Williams 5 · 0⤊ 0⤋
Official Government do not call registry.
https://www.donotcall.gov/register/reg.aspx
Go to this website to register up to three telephone numbers.
Hope
2007-12-27 09:07:58 · answer #10 · answered by Anonymous · 0⤊ 1⤋