var json_comments = new Array("
\"user-pic\"
Mary Marsala With Fries
December 0, 0000 12:00 AM
Moderate | Flag for review

What, I wonder, is 1692b, with regards to not meaningfully identifying themselves? My biggest problem with those jerks (and the other jerks who are simply telemarketing, too), is that they always refuse to tell you who they are. (Which means they get hung up on--that's our house rule--but it'd be better if I could keep them from calling back!) -M.

Reply
","
\"user-pic\"
Ben Popken
December 0, 0000 12:00 AM
Moderate |Flag for review

Paperninja writes:

\"Thank you for the information regarding the avoidance of frustrating debt collectors. As a former college student I know all about hearing from those in need of my money. It's too bad that all forms of harassment are illegal. My extended family is filled with stories of my great grandfather, who ran an loan company of his own. If someone became a bit too tardy on their payment, he would give them a little visit at four in the morning carrying not but a heavy chain and a shotgun. After making enough racket to wake up his \"client,\" he'd politely remind them that their payment was late, then drive away. While it's entirely possible that people like him were the reason for the creation of harassment prevention laws, it was a fairly creative way for him to stay in business.\"

Reply
","
\"user-pic\"
Spr1dle
December 0, 0000 12:00 AM
Moderate |Flag for review

Note also 15 U.S.C. Section 1692c(a) (not produced in this post), which states that debtor can only be called during the hours of 8 a.m. to 9 p.m. and cannot be called at work.

Also, look at 1692(k), which prescribes civil penalties for a debt collection agency's failure to comply.

I took a brief look at some cases, and from what I could tell, the best advice I could give is to log all your calls.

Here is an excerpt from a 2002 California case, Joseph v. J.J. Mac Intyre Companies (238 F. Supp.2d 1158):

\"Whether there is actionable harassment or annoyance turns not only on the volume of calls made, but also on the pattern of calls. In Bingham v. Collection Bureau, Inc. 505 F. Supp. 864 (D.N.D. 1981), the court held that when a call was terminated and the collection agency called back immediately, that subsequent call alone could constitute harassment under § 1692d(5) regardless of the content of the call. Id. at 873. In Kuhn v. Account Control Technology, Inc. 865 F. Supp. 1443 (D.Nev. 1994), the court found that six phone calls in a span of 24 minutes constituted harassment in violation of § 1692d(5). Id. at 1453.\"

With regard to the specific facts of that case, the court stated:

In view of the applicable legal standard, the Court finds there are triable issues of fact regarding Plaintiff's claims under Civil Code § 1788.11(d), § 1788.11(e) and 15 U.S.C. § 1692d(5). Defendant acknowledges that it made nearly 200 calls to the Plaintiff over a nineteen-month period. Moreover, on some days there were multiple calls made after voice contact in which the Plaintiff requested no further calls be made. For example, Defendant's phone records indicate that on June 13, 2001, at 8:00 a.m., Defendant had a heated conversation with Plaintiff for 6.6 minutes in which the phone operator noted that Plaintiff said \"not to all (sic) her anymore\" and \"no calls.\" Exhibit 3. The phone records indicate that Defendant nonetheless called and left messages at 9:12 a.m. and 11:22 a.m. that same day. Id. On January 10, 2001, Defendant called Plaintiff at 9:53 a.m., they spoke briefly, and Plaintiff hung up. Id. Defendant called back and left two messages later that day. Id. Plaintiff also terminated a call on April 11, 2001 at 8:02 a.m. and Defendant called back and left a message at 10:42 a.m. Id. In light of Jeter and Baker, there is at least a triable issue of fact on these claims.\"

However, note that this opinion was not a ruling in favor of the debtor but rather a ruling that there was sufficient evidence to move to trial. Still, I think it's a pretty helpful case in demonstrating the meaning of the language in 1692d.

Reply
","
\"user-pic\"
djwoodyphl
December 0, 0000 12:00 AM
Moderate |Flag for review

Thanks to whoever did this research :) I'm the Chris that wrote the initial letter, and just so eveyone knows ... I have tried calling the number back and I always end up either being hung up on, or put on hold by the automated system and left there. I've done my due dilligence ... and now I just want it all to stop.

I'll take this information and see where I can go from here ... thanks again!

Reply
","
\"user-pic\"
Anonymous
December 1, 2008 4:46 AM
Moderate |Flag for review

Recently I was contacted by a collection agency posing as a law firm trying to collect on a (zombie debt) which statue of limitation has expired, these mischeviouse,malisiouse con artists had threatend me.They have stated is I do not pay this debt they will proceed with further actions like filing a 1099c with the I.R.S..And have my property siesed and my wages garnished.They used a false pretence of a lawfirm cover telling me they have my file and a case number.I looked up the fair debt collections act and the things they cannot do and they are in violation of doing multiple things from fals pretence to threatening my belongings and or possessions, now I would like to know how to make these con artist pay for thier relentless stupidity and maliciouse deeds theve done. Nevermind about making them stop, they crossed the line, now its time for them to pay the piper.

Reply
","
\"user-pic\"
Getting Ripped Off
April 21, 2010 2:12 PM
Moderate |Flag for review

To make a long and painful story short, we received a letter from a debt collector when we were never notified by the original creditor that a debt was even owed. Gave a van to our son in Ohio, van broke down in apartment parking lot, apt. manager ordered it towed. Since my wife's name was still on the title, creditor sent registered letter to apt. manager, who signed for it. This occurred in 2007. Late last year, we got a collection notice for $1,400 (for towing and storage). The debt collection notice was the first hint we had that we owed money. Now debt collector said he'll settle for half, and he \"guarantees\" he'll wipe all references to the debt from our credit report. We're considering just leaving the bad debt on our credit report because we're not paying him. My wife (a paralegal) talked to one of her attorneys and he suggested that, saying there was no way to guarantee the write-off. \"Debt\" incurred in Ohio, collection agency in Michigan and we live in Indiana.

Reply
");