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CA yelling into answering machine....


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We have privacy manager on our phone, my daughter just called and said some guy called, it went through privacy manager and he left a messaging, he screamed into our answering machine"our names" STOP AVOIDING MY CALLS at the top of his lungs, then hung up. Seems to me like there should be some kind of law against this. He did not say who he was and the number won't show up on privacy manager.

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I'm not really sure if it is Mr Kay, dd said he didn't leave his name, although it does come through privacy manager when he calls and leaves his 'normal' message. My answering machine is digital so don't have tapes to record with. We are filing bankruptcy, were supposed to file this week, but attorney said due to some changes that she wants us to wait until the end of August now, so having to field calls for another month. Unfortunately our MBNA acct was just transferred to the company 'Mr Kay' is collecting for, so we start all over again with the rush to collect.

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ok, well if you are going to be fielding the calls til your bk, i'd suggest taping, if you have a tapeplayer you can go to radioshack and just get a phone 'speaker' and instead of plugging it into the speaker, plug it into the tape player and tape away.

please check your states taping laws, some are only one party, which means if you say its ok, you can tape, some are two party, where you need to tell them they are being recorded.

conversely if you just want the dude to stop calling, just tell him you are taping regardless, that should make him hang up.

and cant your bk lawyer do something? (i dont know anything about bk)

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BK in the works or not, what the collector did is against the law under the FDCPA.

15 USC 1692d(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

Yelling counts. You can output your digital answer machine to tape with a simple handheld recorder.

The phone company should cooperate with you in obtaining the company information on the caller. Just tell the phone company that you are filing a complaint under the Federal Telecommunications Act accusing the caller of abuse and harassment. You may have to call SBC's (I assume this is your telco) executive services to get the ball rolling on this since the typical phone jockey won't know how to handle it.

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