When a Debtor Calls You on the Phone Repeatedly
It happens when you’re rushing to get the kids out the door and to school on time. It happens when you’re at work. It happens when you’re sitting down to dinner.
It happens all the time.
Debt Collectors have a reputation for crossing the line and calling people incessantly. It’s one of the reasons that the Telephone Consumer Protection Act (the “TCPA”) was passed into law in the first place.
But when do the calls cross the line and become harassment? Unfortunately, the answer (according to the courts) isn’t so clear.
Factors Considered To See if a Debtor is Harassing You
Often, courts consider call patterns as the first step. If the calls are deemed ‘frequent,’ other factors are weighed such as whether the debtor is calling the person with the debt or someone else (either a spouse, a relative, or a complete stranger) in addition to other key factors such as whether the person receiving the calls answered at least one of the calls.
For the call pattern to be considered frequent, there are two main points the courts typically consider: first, if the debtor called the person back the same day after they hung up on the debtor. And second, how many times the debt collector called in a single day.
What You Can Do About Harassing Debt Collectors
Because there is, legally speaking, so much gray area around whether a Debt Collector is harassing or not, the most important thing you can do about it is hire an attorney that is ready and willing to fight for you.
The financial institutions that the Debt Collectors work for are aggressive and willing to take risks. And they know when cases of harassment over the phone are proven they can be worth between $500 and $1500 per call in fines. This knowledge, and their team of lawyers, forms the basis of their collection strategy. An attorney that will bring the fight to them can be a strong asset on getting justice.
You Don’t Have to Put Up With Unwanted Debt Collection Calls
At Jacobs Legal, we work with clients in need of debt defense. If you think you are a victim of harassment from a debt collector over the phone, I want to hear from you. Call us today with any questions.