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Creditors calling on cell phone


DocDon
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I searched and searched but can't find the post regarding creditors calling you on your cell phone. Any help?

Meaning if it's a violation? It's not, creditors are under no special restrictions as to when and where they can call.

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I wonder if it would be considered covered under this since cell phones weren't quite as prevalent at the time of the FDCPA:

§ 808. Unfair practices [15 USC 1692f]

(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

If you don't know who is calling and you answer your cell phone incurring charges could that be considered a violation? :? Is that a stretch?

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I have a collection agent named "Richard Head". Richard has been calling me repeatedly throughout the day for a measly $1,500 credit card debt I'm waiting to negotiate on. He never leaves messages, but has called me at 8:30pm, thus causing me to believe he's calling from his home, which isn't unusual in the CA business. I know they're not allowed to call you before 8am, but what is the last time Richard Head is allowed to call me in the evening?

Thanks ;-)

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They can call you as late as 9 p.m. Either way, you should send a limited C&D to stop it.

I think with regards to the subject of the post, you would have to prove that the CA or OC knew that it was your cell phone. A cell phone number works like any other number, whereas the means mentioned in the law would be clear to the CA and OC that you would be incurring additional costs. I believe the spirit of the law involves actual intent, which would be rather difficult to prove in this type of case.

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§ 808. Unfair practices [15 USC 1692f]

Doesn't apply to creditors, only debt collectors......The OP asked about creditors...........

I read it as creditor = collection agency since those are the battles I have been fighting. Damn sharp distinction there Swede! For some reason the ol sayin sharp as a whip stings my brain :lol:

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