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mikey77

7 phone calls in just over two hours

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Is it legal for a collection agency to call 7 times in just over two hours? I am currently staying with my grandmother trying to get back on my feet after an injury at work and somehow they got a hold of her number. She has told them numerous times to please stop calling HER number or she will report this harrasment to the police. I just want to know if she really can take some kind of legal action. These guys are just nasty.

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It is harassment. Why not get on the phone, give them your address and tell them to send it to you in writing. They are not allowed to contact third parties, either- except to locate you.

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Yes it is illegal. They cannot harass in any way. If they are told to stop calling, they must.

Do they give any information to your Grandmother as to why they are calling? If so, that is another violation. They are not allowed to release info to 3rd parties.

Start building your case. Record any further calls and start a journal with all the calls, time, duration, name of person, etc. Send a Cease Comm letter to them immediately. Then the violations will start to pile up if they continue. BTW, who is the collection jackhole?

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the agency is called viking collection service inc. I have been logging all the calls but should I get a recorder and record them or is logging them enough?

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It depends. Is Wisconsin a one party state?

If it is, I would record the calls and give them some rope, see if they will violate. Ask questions:

Can I go to jail for this?

Are you going to garnish my wages?

Does talking to you reset the Satute of limitations?

That sort of thing.

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Is this debt past SoL. Wisconsin law prohibits them even calling you (not a single time) about an SoL debt. And the burden is on THEM to check first to make sure it's within SoL.

Most everything is 6 years in WI.

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I was just in Eden Prairie, MN over the weekend. I could have stopped in to say "howdy" ... and maybe cut their phone lines. :twisted:

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I thought they couldn't cause a phone to ring excessively. I would get a tape recorder and just sue in federal

They way it was explained to me is that they cannot call and just let it ring for 12 minutes straight...that would be excessive. Repeat calling is not against the FDCPA. They can assume that you are not home.

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I worked in collections before. I worked for a pay day loan company and calling over and over again even if you don't leave a message is illegal if they have an answering machine you are supposed to leave a message. My company used to have us do *67 so our number wouldn't keep showing up (which is also illegal). You are not supposed to block the number when doing collections.

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I worked in collections before. I worked for a pay day loan company and calling over and over again even if you don't leave a message is illegal if they have an answering machine you are supposed to leave a message. My company used to have us do *67 so our number wouldn't keep showing up (which is also illegal). You are not supposed to block the number when doing collections.

Nope. If you worked for a Pay Day Loan company you were 1st party not subject to FDCPA. Sounds like company policy. There is absolutely nothing written into law that states you "have" to leave a message if you reach an AM. There is nothing about *67 either....most of these laws were written before *67 was around!!

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Repeat calling is not against the FDCPA. They can assume that you are not home.

Nope. Repeat calling IS illegal.

FDCPA:

Harassment or abuse 15 USC ยง 1692d

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

You can't call them repeatedly....whether they answer or not.

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The way it was explained to us is that you can call repeatedly. If they do not answer you can safely "assume" they are not home. When I was working collections, someone tried suing us on this. The judges response was "why didnt you answer you phone?" and that hang ups on an AM are not illegal. Now if the collector were to call and let the phone ring hundreds of times, that is illegal. We were instructed 6-8 rings and no answer was acceptable. The collector has no way of knowing that the borrower is screening.

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Of course it doesn't state in the FDCP that you have to leave a message but getting an answering machine is the same as if you were to reach a live person. Again if they have an answering machine and you do not leave a message and you keep calling it is harrassment. If you call someones house 7 times within the matter of 2 hours and they have an answering machine and you choose not to leave a message but to continouisly call it's harrassment. The company that I worked for had us do *67 because that way our number would not show up on caller ID if they had it and they wouldn't be able to track how many times we called. *67 is illegal because you are not allowed to hide the identity where you are calling from. Also just because I was with a PayDay Loan company and it was 1st party they still have a strict collection guidelines to follow when it comes to. This was not company policy and I would also like to add that they were sued about a year before I started working with them due to exactly what we are talking about. I would also add that the by the grandmother telling them not to call anymore they can't and this is harrassment if they keep calling. My suggestion is put it in writing and send it to them. Then if they continue calling then you really have them on violations.

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