CA calling at six in the morning.

[nilsson]

Hi,

So, I recently started getting automated phone messages from a CA that has been asking me to call in and verify a claims. I researched the number, and found out exactly who it was, and decided that I would just wait for them to mail me something. The thing is, they think that I am at my old address which is two time zones earlier than the one I just moved to. So today, they called me before seven o'clock, once that I know of, and then also from a unidentified number. Is this a violation of Fair Debt? I moved over two months ago, and my address has been updated since before I moved.

Thanks

[unusualsuspect]

Calling at 6am is definitely a violation. Make sure you keep a call log. Once you get 5 or 6 calls, sue.

[debtorshusband]

Are these calls maybe coming to a cell phone with an area code from your old time zone? If so, their mistake is innocent.

Although calling this early is a violation of the FDCPA, I don't think your case would be strong enough to win if you sued. To have a strong case, you need to make sure they know they are calling too early in your time zone. To do that, you will need to answer the phone at least once and tell them they are violating the law. If they continue, you have a slam dunk case.

Good luck.

DH

[admin]

Under the FDCPA case law, it's been ruled that ignorance of the law is not a justification for violating. If you have phone records, I might threaten them with it.

[delighted4]

I experienced this before. I googled the number and sent a cease and desist letter certified of course. I also mentioned that if they continued, legal action would follow. They never called again. You might want to try something like that.