Are creditors or debt collectors calling you, literally ringing your phone off of the hook? They can’t.
While there are no black and white rules regarding the number of times a creditor or debt collector can call you in their attempts to collect a debt, their efforts cannot be harassing. Similarly, they cannot invade your privacy. Generally speaking, while one unanswered call per day will usually not be considered harassment, multiple calls a day, every day of the week, for months, is too many.
Furthermore, and perhaps most importantly, it is not just the number of calls, but how the calls are made and if you ever answer any of the calls that assists the attorney at LeavenLaw in our analysis of your case under the FCCPA, FDCPA and TCPA.
- Auto-dialed calls tend to be made several (or more) per day; these are more likely unlawful.
- If you have answered and asked for the calls to stop, any additional calls can be harassing.
- If you said you cannot pay the debt and the calls continue, any additional calls can be harassing.
It is important to not block their number so you can record every call attempted.
As discussed under the page analyzing the TCPA, auto-dialed calls or the use of pre-recorded voicemail messages if the creditor or debt collector does not have prior express consent to make such debt collection calls (or if you have revoked consent and the calls continue), each such call can be the basis for a FCCPA and FDCPA violation (not to mention a TCPA violation).
If creditors or debt collectors are calling you repeatedly, take good notes using a Communications Log, capture some of the calls via a screen shot on your cell phone, and save any and all voicemails that they leave. Then, call LeavenLaw to schedule a free initial consultation regarding your rights. We are here to help you.