NCO calling my cell phone

[avalon]

My cell phone is my home phone. Anyone can do a reverse phone search and my number is listed as a cell. I believe a collection agency calling my cell phone is a violation. Is this true? Do I have to say on my voice mail "this is the cell phone of ......" for it to be a violation. NCO has already called once with a threatening message and I'm just keeping track of it all should I need to get legal.

[hiblues]

I don't recall ever seeing anything about calling, or not, a cell phone in the FDCPA.. see link at top of page for the actual law.....

[ms6073]

Well it may be a stretch but if the CA is inhibiting/blocking the transmission of the caller ID when calling then it may be viewed as a violation of section 806:

§ 806. Harassment or abuse [15 USC 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:

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

Also, depending on a consumers cellular plan, repeated calls could result exceeding available plan minutes resulting in additional charges to the consumers cellular plan which might be a violation of seciton 808:

§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(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.

[qtptute]

It is a violation IF it is costing you money when they call your cell phone. See 1692f(5).

Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(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.

[nervousinohio]

I believe it is a violation because you cant be charged for them to call you and using your minutes is charging you. Just as ms6073 cited; 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.

CACH/Collect America was doing this to me. I sent them certified letter saying to stop contacting me via my cell and that any contact had to be in writing to my address. They actually sent me an apology letter for calling my cell. Of course they 'weren't aware it was a cell phone number'. Ya right..it says it on caller id when you call that its a sprint pcs cell phone. I doubt they wouldve stopped or apologized if it wasnt a violation.

BOTTOM FEEDERS ARE SCUM!

[unusualsuspect]

I'd write a C&D letter for the cell line.

Then send them a bill for the minutes they used up. If they don't pay, sue them.