Telephone Harassment and the Fair Debt Collection Practices Act

harassingPhoneComing home from work to find a message from a collection company on your voicemail asking for a person you don’t know? Been that way for a while? Unfortunately this is an increasingly common situation. Some debt collection companies have resorted to programming their computers to call you repeatedly, essentially to harass someone into paying the debt. Sometimes they are even just outright calling the wrong number. Either way, if you owe the debt or not, engaging in telephone harassment is a violation of the FDCPA.

The FDCPA regulates debt collection activity (regardless whether you own a debt or not). It protects people from the activities of debt collectors that are identified as violation of the FDCPA. The “Do Not Call List” does not apply to calls from debt collection companies because they are obviously not marketing anything to you – they are trying to collect a debt. However, the FDCPA does prohibit any activity including repeated calls that an ordinary person would find harassing.

The Johannes’s, a retired couple from Big Bear Lakes, CA. were being hounded with repeated automated calls from a collection company. The couple, being elderly, were especially troubled with getting to the phone only to be greeted with a pre-recorded message asking for the wrong person.

 

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