How to file a complaint against a bill collector who is making harrassing phone calls

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jrice

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There is a company calling me all day every day. I am disabled and the doctors have taken me off work. I do owe a bill, and I do plan to pay the bill as I have told them, as soon as my check is started. They are calling very early in the morning, and all throughout the day and night. They are even calling and putting a recording on my line that last for long periods of time without anyone coming on the line to say anything. In the beginning the recording will say this call is for . . . , but I hold and no one comes on. It took me a while to figure out that the call was from them.

When a person is on the line, and I ask them if they are getting the message that I have given the last person they get extremely smart with me, repeat the message, and say that they are going to call until I pay the bill.

I would like to file a complaint against them because they are extremely rude. I have no income until my check is started, so there is nothing that I can do. I no that I owe the bill, and I have every intention of paying the bill. I understand them calling from time to time even. I just do not understand the rudeness, and harrassing.
 
Fair Debt Collections Practices Act

The United State Congress has made a finding that "There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors."

Fair Debt Collections Practices Act is the federal law intended to "eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses."

The FDCPA prohibits debt collectors from "...engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."

There are other prohibitions. Check out the Federal Trade Comission FDCPA Web Page

Section 805(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.
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SECTION 813 CIVIL LIABILITY. (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.
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jrice said:
There is a company calling me all day every day. I am disabled and the doctors have taken me off work. I do owe a bill, and I do plan to pay the bill as I have told them, as soon as my check is started. They are calling very early in the morning, and all throughout the day and night. They are even calling and putting a recording on my line that last for long periods of time without anyone coming on the line to say anything. In the beginning the recording will say this call is for . . . , but I hold and no one comes on. It took me a while to figure out that the call was from them.

When a person is on the line, and I ask them if they are getting the message that I have given the last person they get extremely smart with me, repeat the message, and say that they are going to call until I pay the bill.

I would like to file a complaint against them because they are extremely rude. I have no income until my check is started, so there is nothing that I can do. I no that I owe the bill, and I have every intention of paying the bill. I understand them calling from time to time even. I just do not understand the rudeness, and harrassing.
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The advice about the FDCPA is right on target. You should keep track of each call, date, time and whom you spoke to. This will help you instead of a general accusation that the company called too early. Good luck to you.
 
Exactly.

The more detailed your notes and records, the better. Get as much information about the alleged debt, the collector, and the company for whom the collector works as you possibly can. Make note of the answers given and the answers refused. Make note of any foul or and/or abuse language, hang-ups, repeat calls, etc...

Know your rights and don't let anyone violate them.
 
Log the calls and record them if you can.

I work in credit card debt mediation and what you have been going through is not uncommon at all. If you have a way to do so, record the calls you get from these people and log the date and time for each one. Also, if they leave a mean or harassing message on your answering machine, try to find some way to copy that message (and the others you've recorded) onto som kind of portable media (like a CD or cassette) and take it to an attorney or see if one will take your case either "pro bono" (free of charge) or for a comission on the settlement you get from this creditor. If you sue the creditor, you may be eligible for up to $1,000 for EACH call OR letter they have sent you in addition to punitive (punishment) damages (money) as the court sees fit.

Hope this helps.
 
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