Re: collections calls

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On 2/24/04, Gina wrote:
> I wokr for a small company in which I am the bookkeeper. I
> also do collections call. Is there any law which regulates
> how many times I can call the customer in trying to
> collect. It is my understanding that unless I receive some
> notification of bankruptsy I can call as many times as it
> takes. It this true?

Gina,
I would recomend going to the federal trade commissions'
website, it is at href=http://www.ftc.gov Look for
documentation regarding "Fair Debt Collection Practices Act"
and you might also get info for "Fair Credit Reporting" to
learn more about it also. I will copy some of the relavent
items per your question:

ß 805. Communication in connection with debt
collection
(a) COMMUNICATION WITH THE CONSUMER
GENERALLY. Without the prior consent of the
consumer given directly to the debt collector or the
express permission of a court of competent jurisdiction,
a debt collector may not communicate with a
consumer in connection with the collection of any
debtó
(1) at any unusual time or place or a time or place
known or which should be known to be inconvenient
to the consumer. In the absence of knowledge
of circumstances to the contrary, a debt collector
shall assume that the convenient time for communicating
with a consumer is after 8 oíclock
antimeridian and before 9 oíclock postmeridian,
local time at the consumerís location;
(2) if the debt collector knows the consumer is represented
by an attorney with respect to such debt and
has knowledge of, or can readily ascertain, such
attorneyís name and address, unless the attorney
fails to respond within a reasonable period of time
to a communication from the debt collector or
unless the attorney consents to direct communication
with the consumer; or
(3) at the consumerís place of employment if the debt
collector knows or has reason to know that the
consumerís employer prohibits the consumer from
receiving such communication.

(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,
exceptó
(1) to advise the consumer that the debt collectorís
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.
(d) For the purpose of this section, the term ìconsumerî
includes the consumerís spouse, parent (if the consumer
is a minor), guardian, executor, or administrator.

ß 806. Harassment or abuse
A debt collector may not engage in any conduct the
natural consequence of which is to harass, oppress, or
abuse any person in connection with the collection of a
debt. Without limiting the general application of the
foregoing, the following conduct is a violation of this
section:
(1) The use or threat of use of violence or other criminal
means to harm the physical person, reputation, or
property of any person.
(2) The use of obscene or profane language or language
the natural consequence of which is to abuse
the hearer or reader.
(3) The publication of a list of consumers who allegedly
refuse to pay debts, except to a consumer
reporting agency or to persons meeting the requirements
of section 603(f) or 604(3)1 of this Act.
(4) The advertisement for sale of any debt to coerce
payment of the debt.
(5) 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.
(6) Except as provided in section 804, the placement
of telephone calls without meaningful disclosure of
the callerís identity.]

I have the PDF version of both, the FDCA and the FCRA, and I
found them on the FTC's website. I just don't have the direct
link for you. This information should more than answer your
question. The FTC doesn't 'limit' the number of call by a
given number, but you must use your own head and educated
guess as to what might be deemed 'excessive'. Just think to
yourself, "how many times would a creditor have to call me,
before I thought of it as harassment?"