Question to Admin regarding calls to business mobile phones

[ghacorp]

I cannot seem to locate any legal precedent pertaining to the calling of cellular phones by debt collectors. My intention is to be polite and professional at all times, however, the Law Office of debt collector, Bryan K. Levy of Phoenix, AZ continues to leave urgent messages on a business mobile phone despite being politely told matters with them will be handled by mail. Over the past few days, I have logged and recorded several messages bearing their 866 toll-free number on caller ID. What is your opinion of this? Also, on the initial conversation, the caller was informed a BK at a later date may be in the offing, and after being put on hold for a few minutes purpotedly to consult with her boss, was informed a BK must happen real soon else if they got a judgment "it would still be owed" implying it would be too late and not possible for a judge to d/c a judgment from them in court. They are representing MBNA, a credit card lender. Suffice it to say, I believe this sort of behavior may be charateristic of MBNA, a local bank which for years prides itself as a whole lot of things to the local community and State of Delaware, yet in essence has contributed to ruining the lives of many people with eggregious lending practices.

[admin]

I believe it is illegal for collectors to call cell phones, especially if they know they are calling one. I don't know the statute though. Kudos to you for recording the call.

Did you start debt validation with these guys? If you did, then it's a further violation of the FDCPA, though you will have to show actual damages as a result (like your phone bill increased, *hint*).

If you also live in AZ, You can try calling Antonio Rossaci of Rossaci Law firm, who is located in Phoenix, AZ. His phone number is 602 954 1300.

[ghacorp]

Thanks for the reply! The firm is very much aware they are calling a business mobile phone, have been asked to refrain, yet call at least once per day leaving urgent voice messages on cellular voice mail. Caller ID records activity and others with access to this voice mail now know I am being pursued by a CA disguised as a law firm. Obviously, I would prefer not to engage in further conversation until the debt can at least be validated. (I'm certainly NOT out to stiff creditors and would pay fairly and squarely if I had the means of doing so.) This firm in Phoenix, AZ demanded payment prior to sending a collection letter. I reside in DE adjacent to MBNA, the credit card company who contracted with the firm in Phoenix to go after me here. Question, is it necessary to assert identity fraud when requesting validation? Also, do you specifically advise against faxing a validation request? Modern systems provide send receipts and the call is logged on the phone bill.

P.S. As a foot note, I have been informed by MBNA employees, that bank policy is to do whatever is possible to get MBNA paid first especially when there are other creditors and/or when they suspect a customer may eventually need to file for bankruptcy protection.

[admin]

No it's not necessary to assert identity theft. These letters are to be used as guides, not verbatim - poeple should use their own words whenever possible.

[georgiaboy]

<blockquote>Originally posted by admin

I believe it is illegal for collectors to call cell phones, especially if they know they are calling one. I don't know the statute though. Kudos to you for recording the call.

Did you start debt validation with these guys? If you did, then it's a further violation of the FDCPA, though you will have to show actual damages as a result (like your phone bill increased, *hint*).

If you also live in AZ, You can try calling Antonio Rossaci of Rossaci Law firm, who is located in Phoenix, AZ. His phone number is 602 954 1300.

</blockquote>

Admin, you are correct it is illegal for collectors to make you incur a cost on any phone call, I just read this recently and will try and locate the link to the subject