CC80

Excessive Collections Calls. Can this be used against the CA?

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So Portfolio Recovery Associates has been giving me hell over some old debt. Ive got another thread going regarding the whole ordeal.

 

They've got 2 accounts with my name on them, one of which is beyond the SOL and the other which has about 8 months left on the SOL.

Im preparing on whether or not to DV them on the most current account and see what they do, then make a deal. Or just wait it out until the SOL expires and I can send a FOAD letter on both accounts. (amounts ranging, $700 - $1000)

 

From what ive read online, its pretty hard to get PRA to do a PFD or anything like that. So I may just wait it out and see what happens as they continue to send letters and call. 

 

NOW, while im waiting is there anything that can be done about excessive calling? And does this constitute as excessive calling that can be used as a complaint or violation? 

These screenshots are from my Google Voice number which I have used for years as my billing telephone number.

From the voicemails they left and call backs that i made to check numbers, im pretty sure these are all Portfolio Recovery Associates.

 

post-165161-0-97410800-1395727758_thumb.

 

post-165161-0-95178900-1395727760_thumb.

 

 

From the looks of my Google Voice inbox, it looks like this has been going on for a very long time.

Ive got probably about 500 calls logged in the inbox from varied numbers spread over about 2 years time. Just like the screenshots. Sometimes a couple same day, sometimes the next day then 2 days later and so on and so on. Varied but still very many.

 

Does this constitute as excessive calling or any sort of violation? Seems a bit overboard to me. 

And what can I do about it? I dont ever answer this phone number but the calls have recently been coming in on my personal line. 

And If they start coming in at this frequency, im going to have to change my number... 

 

maybe i can use this against them?

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500 over 2 years? That is probably not excessive as that would average out to less than 1 per day. Remember that lacking any response, they do have the right to call you until they do get a response.

Generally, you have to ask this. If the case were heard by a jury of your peers, would they consider it excessive. Probably not. Excessive would be 10 calls/day or multiple calls after you already talked to them, or 3 - 4 calls in one hour. Anything that looks like harassment. Tenacity is still legal and a collector can sit on a debt and call for 2 years if that is what they wish once they own it.

What I would do is comb through those calls and make sure they were made within the time frame specified by federal and state law. That would be a violation in and of itself rather than trying to prove harassment.

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@CC80

 

From what I could tell, there's only one time that they called you twice in one day.   Most of the time, they don't even call 2 days in a row.  Here's a ruling from a Texas federal court.

 

Lee v. Credit Management, LP, 846 F. Supp. 2d 716 - Dist. Court, SD Texas 2012


The evidence also reflects that Defendant never called Lee more than once a day and, in reviewing the recordings of the calls and Lee's own testimony, there is no evidence that Defendant's representatives were rude to him and no evidence that he was ever threatened in any manner in an attempt to recover the debt he owed Comcast. Thus, even after construing the evidence in a light most favorable to Lee, the Court finds that it is insufficient to permit a finder of fact to conclude that Defendant violated subsection d(5).

 

 

(d)5 is 1692d(5) of the FDCPA.

 

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Hi CC80,

 

Have you ever sent them a Cease and Desist, or DV that said they should not contact you by phone?

Not yet, Im weighing my options as to whether to send a DV now or wait a little longer until they send a couple more letters. I get random letters from time to time and usually throw them out, assuming they are too old to collect on.

 

I just happen to be in the early stages of credit repair and this one is still within SOL and reporting on my credit history so im deciding how to deal with it.

The excessive calls was just something I was looking into to have as somewhat of a defense or something, If i need it down the road.

 

Again, the SOL on this debt expires in November of this year. Im not so sure I should even stir the pot yet in hopes that they will just keep doing robo calling and robo deal letters to try and get me to pay. 

Hopefully, WHEN and IF they decide to make a major move such as lawsuit the debt will be beyond SOL and I can send them an FOAD letter and just let it fall off my credit within the next couple years. 

 

In regards to a C&D, I have been informed that there are not partial C&D's and if I do send one the only recourse they have is to file suit. Since they cant contact me, they'd have to try and take me to court to deal with it. 

Which is what i am attempting to avoid before the SOL expires.

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@CC80

 

From what I could tell, there's only one time that they called you twice in one day.   Most of the time, they don't even call 2 days in a row.  Here's a ruling from a Texas federal court.

 

Lee v. Credit Management, LP, 846 F. Supp. 2d 716 - Dist. Court, SD Texas 2012

The evidence also reflects that Defendant never called Lee more than once a day and, in reviewing the recordings of the calls and Lee's own testimony, there is no evidence that Defendant's representatives were rude to him and no evidence that he was ever threatened in any manner in an attempt to recover the debt he owed Comcast. Thus, even after construing the evidence in a light most favorable to Lee, the Court finds that it is insufficient to permit a finder of fact to conclude that Defendant violated subsection d(5).

 

 

(d)5 is 1692d(5) of the FDCPA.

 

Yea, from reviewing all the phone records they either call a few times a month. OR a many times a month, sometimes multiple times per day. Ive actually got 796 pages of calls in my google voice inbox at this moment most all from PRA.  Along with many voicemails from PRA. all spanning over a couple years.

 

i was just curious if that can be used against them.

 

Thanks for the reference to that case. Good information.

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@CC80

 

One has to sue for violations of the FDCPA within one year of a violation.  Calls from more than a year ago would not be useable.

 

In their voicemails, do they state that the call is an attempt to collect a debt?

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@CC80

 

One has to sue for violations of the FDCPA within one year of a violation.  Calls from more than a year ago would not be useable.

 

In their voicemails, do they state that the call is an attempt to collect a debt?

Ah, gotcha. There are quite a few calls from this year but not at what may be deemed as excessive. PRA bought this debt back in 11/2013 so they must just now be trying to get at me via phone and in the mail. ive moved quite a few times so they havent zeroed in on me until now. well, current address and calling my cell numbers that were on file on my CR. (which are now removed.)

 

And yes, in most voicemails they state "this is an attempt to collect a debt, blah, blah,blah" and so on.

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First off, were all calls made between 8am and 9pm in the time zone you reside in (most of TX is in Central Time but there is a part in Mountain Time). That would be a violation there without any more questions.

I still say that the number of calls the OP mentions and the time frame involved is not excessive. 200 in one week would be excessive. 200 over 2 years would not be.

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The number of calls is not the only issue. If they keep calling after after you've sent a Cease & Desist, then they've violated the FDCPA and potentially the TCPA.  Portfolio Recovery Associates is currently the Defendant is multiple class actions for violations of FDCPA & TCPA emanating, in part, from harassing telephone calls:  

 

Please see:  http://www.insidearm.com/daily/debt-buying-topics/debt-buying/california-judge-pushes-forward-consolidated-tcpa-action-against-debt-buyer/

 

and:  http://www.mondaq.com/unitedstates/x/203848/Class+Actions/Ninth+Circuit+Hands+Two+Losses+to+TCPA+Class+Action+Defendants

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First off, were all calls made between 8am and 9pm in the time zone you reside in (most of TX is in Central Time but there is a part in Mountain Time). That would be a violation there without any more questions.

Yes, after a quick run thru on the call log it looks like all calls were made within that window. They actually just called again about 30 minutes ago. What is that, some sort of auto-dialer then if i pick up it connects to an agent? Or do they really pay someone to sit and dial thru numbers?? haha

I still say that the number of calls the OP mentions and the time frame involved is not excessive. 200 in one week would be excessive. 200 over 2 years would not be.

Agreed, i suppose the call frequency isnt all that excessive according to the info in this thread. Although, i cant imagine what I would do if this volume of collections calls was coming thru to my personal line....

Google Voice is the way to go to use as a billing phone number and such. 

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The number of calls is not the only issue. If they keep calling after after you've sent a Cease & Desist, then they've violated the FDCPA and potentially the TCPA.  Portfolio Recovery Associates is currently the Defendant is multiple class actions for violations of FDCPA & TCPA emanating, in part, from harassing telephone calls:  

A C&D has not been sent yet as the debbt in question is within SOL and im trying to avoid lawsuit or aggressive collection activities.

 

Please see:  http://www.insidearm.com/daily/debt-buying-topics/debt-buying/california-judge-pushes-forward-consolidated-tcpa-action-against-debt-buyer/

 

and:  http://www.mondaq.com/unitedstates/x/203848/Class+Actions/Ninth+Circuit+Hands+Two+Losses+to+TCPA+Class+Action+Defendants

 

Thanks for this information. Very interesting.

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@CC80

 

One has to sue for violations of the FDCPA within one year of a violation.  Calls from more than a year ago would not be useable.

 

In their voicemails, do they state that the call is an attempt to collect a debt?

 

I think the TCPA has a two year SOL.  Even if one could not sue for the calls outside the one year time period they could still be used to show a pattern of conduct.

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@Clydesmom

 

The SOL for the TCPA is four years.  Much more generous than the FDCPA.  It's because the TCPA was enacted after December 1, 1990, and any Act of Congress enacted after that date has a 4-year SOL.

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This, without a doubt.

 

Yea, absolutely.

Im going to wait it out since the SOL expires in November of this year. Messing with them now by way of sending a DV or complaint or anything else will probably just bring my account to the top of the pile as opposed to getting lost in the shuffle of robo calls and mailing letters. 

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