Q: I am getting calls from a debt collector repeatedly, I got one call before getting their letter since then, they are
calling everyday, harassing me, I know I have 30 days to dispute, But the FDCPA states they cannot call me repeatedly. I feel they are in violation, they have not validated the debt, but calling every day, am I right? They cannot harass me daily under the FDCPA by repeatedly calling.
A: It's not clear from your question whether you have disputed the debt (which would preclude further collection action until the debt had been validated), but you are correct that the FDCPA prohibits harassment through repeated telephone calls. If these calls are coming to your cell phone, there may be TCPA violations as well. You should talk with a local consumer protection attorney to determine whether you may be entitled to damages.
*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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