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Harrassment phone calls while at work North Carolina

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  • Harrassment phone calls while at work North Carolina

    Greetings, I would like to know if there is a law against companies call you at work, is that considered harrassment?

  • #2
    Originally posted by jmstevens View Post
    Greetings, I would like to know if there is a law against companies call you at work, is that considered harrassment?
    What companies? Creditors? Tell them that you are not allowed to get personal phone calls at work, or you will be fired.
    Please no private messages about your situation.

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    • #3
      Greetings, I would like to know if there is a law against companies call you at work,

      The name os the company is Wells Fargo, I called them after getting a message from my Supervison, and a lady from that copany said she is allowed to do that.

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      • #4
        WF is most certainly NOT allowed to do that.

        I recommend you spend some time here...

        http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

        It outlines the fair debt collection practices act, and WF is specifically violating section 805....

        805. Communication in connection with debt collection [15 USC 1692c]

        (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 debt --

        (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 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's 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 attorney's 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 consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

        (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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        • #5
          Originally posted by jmstevens View Post
          The name os the company is Wells Fargo, I called them after getting a message from my Supervison, and a lady from that copany said she is allowed to do that.
          Yes, she is, until you tell her what I told you above.
          Please no private messages about your situation.

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          • #6
            Originally posted by moburkes View Post
            Yes, she is, until you tell her what I told you above.
            Actually, mo, you are right and wrong here. You are right that they can call the business until told not to do so, but they cannot contact third parties without prior consent.
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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            • #7
              I didn't realize that he was talking about collector calling about a 3rd party.
              Please no private messages about your situation.

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              • #8
                You must put them on notice.

                They are allowed to contact any phone number you can be found at until you put them on notice not to do so. The only acceptable, legal form of notice is a certified letter. The letter must clearly define the phone numbers you are notifying them not to attempt to call. Send this letter "return receipt requested." This will be the proof to you that they have been put on notice. You can include work, home, and cell phone numbers in this letter. You must advise them that you will consider any further contact to be harassment. Trust me, once they recieve this letter they will cease and desist all phone calls to you and you will be beraged with mail to your home address if they know it. Verbal notice is not an acceptable form of notice and they will continue to attempt to contact you. The FDCA states they can contact your phone numbers one time every 3 days if they have spoken with you. If they are leaving messages they can do that once daily until they have personal contact with you!

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