Ogden, UT asked in Business Law, Collections and Consumer Law for Utah

Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.

1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Saint George, UT
  • Licensed in Utah

A: I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a consumer with such frequency as to harass him. Subsection (5) deals specifically with harassment by multiple phone calls.

Subsection 5 states:

Section 806(5) prohibits contacting the consumer by telephone "repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."

1. Multiple phone calls. "Continuously" means making a series of telephone calls, one right after the other. "Repeatedly" means calling with excessive frequency under the circumstances.

What that being said, I think that 4 phone/texts a day would be excessive under the circumstances. You have a couple of options here. 1) You can ask them to stop contacting you unless it is to tell you that they are are initiating a law suit. This will stop them immediately, but they will probably send it over to an attorney to start the collection process if the debt is big enough. 2) You can tell them that they are contacting you excessively and remind them that they are running afoul of the Fair Debt collection practices Act and if they will continue to do so you will sue them for harassment and they will be responsible for attorney's fees plus $1,000 or actual damages (if any). 3. You can just sue them w/out warning. '

Again this is all relevant to a debt collection provided that their collection of the debt is under the scope of Act.

I hope this helps.


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