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Continued Calls After PTP!


retmar
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I had a good one posed to me today that I cannot properly answer. Here is the scenario. Consumer is late with a CC payment. CC company's internal CA calls and was told the payment would be in by the ??. The "rep" did not ID self, only CC name, and no mini. Then, without any info, demanded bank info to process electronic debit. Was very rude. When told again as to when payment would be in, was told they would call until paid. No calls for 5 days. Today, a total of 10 calls were made. No one answered, and no one left a message as call is made by computer (you know how they work). All of this showed up on CID. Consumer did not answer as they felt "Why should I?" due to previous conversation. Mind you, the OC's own internal CA is liable under California statute. My question is as follows:

1. Is this considered harassment?

To me, the answer is "yes" due to the consumer informing them that on a specific date, payment will be posted. I think the consumer told them the 24th, which means it will be mailed tomorrow to be "safe" due to how the USPS operates. Also, it is a violation for "causing the telephone to ring repeatedly".

Opinions, please!

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Harassment by telephone is defined in the Federal Telecommunication Act as:

Totle 47, Chapter 5, Subchapter 2, Part 1, Section 223a(1)

"© makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;

(D) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number;"

So, if the consumer has told them not to call, and they continue as you described, then yes it is harassment under Federal law. There is only a criminal action on this. So you swear out a complaint against the company with your attorney general.

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First off, Methuss, you have stepped up to the plate, as usual. Can't thank you enough. This will be fun if the person follows through.

LadynRed, thanks for clarifying that for me to "cajunbuldog". Too many out there do not realize what the Rosenthal is all about in California. This is one of the main things I had fun with during my repair. In my opinion, why should some of these OC's pay for legal counsel when the "legal eagles" do not do their job. As to "cajunbulldog, take a look at the sticky in the collections section about California law. Then click on the second post, scroll to Article 1.1, and read.

IHateCA's, I'll let you know who when I know for sure what is going to take place. I'm sure you understand.

To all of you who responded, thank you.

To share more detail, do realize that the calls are from an automatic dialer. And, of course, this means there is no one there when you answer as it is one of the recordings saying someone will be with you shortly, or whatever. Now, you take an older person who is disabled, needs a cane, or walker to walk, therefore, chancing a fall. Hmmmmmmmmmmmmmmm! AND, no name, only an 800 number. Will let you all know as it progresses.

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