Tips on reporting calls for abusive debt collectors
Here we will discuss the most popular illegal calling tactics that debt collectors are doing in violation of the FDCPA.
Hours for phone contact
Calling debtors outside of the hours of 8:00 a.m. to 9:00 p.m. local time. Note that local time means the time zone where your phone number is based out of. If you are living in NY but your phone number is a California prefix, then they cannot be held liable for calling you at 11:00 PM NY time, since the time zone for your phone number is actually 8:00 PM.
Harassment due to excessive calling
This is typically viewed as the intent to annoy, abuse, or harass any person at the called number. An example is calling more than 1 time per day multiple days in a row.
Failure to disclose identity and intention on recording
This can be for either a prerecorded message or a voicemail that is left on your phone. Section 807(11) of the FDCPA requires a debt collector to inform a consumer that “this communication is an attempt to collect a debt and any information obtained will be used for that purpose." For example, if you receive a prerecorded call or voicemail that states “Please call us for an urgent matter", and you call that number only to discover that it was a debt collector trying to collect a debt, then they are in violation for leaving a misleading message. Please make sure you obtain a recording of the message as that ensures that the attorney has the proper evidence for the claim.