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Lucy, Esq.
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If a credit card company calls about a late payment and leaves

Resolved Question:

If a credit card company calls about a late payment and leaves a voice mail to call them, can the company continue to call the person that day?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The Fair Debt Collection Practices Act does not place any specific limits on how many times a debt collector may call in a day, although it does prohibit calls made without meaningful disclosure of the caller's identity or "causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number". Section 806. If you're talking about two calls in one day after leaving a message, that wouldn't be prohibited. If they're calling every half hour, that probably would.

The FDCPA allows the consumer to send a letter, via certified mail, stating that the debt collector is not permitted to continue calling. Section 805. The letter is effective as soon as they receive it. So, you would have the ability to insist that all communications be via mail. You could also insist that they cease all communications entirely, although that would not prevent them from suing on the debt. Here is a sample letter.
http://www.ptla.org/sites/ptla.org/files/debt_collection_stop_calling_letter.pdf


If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
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