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View Full Version : harrassing phone calls. what to do-?



Sherpa
12-16-2003, 09:07 AM
here goes.....
one of my guys at work here has gone into a debt consolidation
program..............
he has authorized this "company/organization" to be in charge of
all his bad debt issues............ there is a problem,..... he had given
our work phone number to his debtors as his contact phone number..............
now, I get about 3-5 calls per week regarding these dipshits...
it's a computer-dailed call, and thye always come on asking for
Mr. XXX.............. sometimes I fawk with them, but most of the
time I just say he's not here, he got fired, or something to deter
them..
today this arrogant **** is giving me shit when I told him not to
cal here anymore....... I told him I already know what it's all about
and it's not my business, but I don't want them calling me here anymore.
now, what can I do legally to warn to dipshits-?
--Sherpa

Havasu Cig
12-16-2003, 09:26 AM
If you are in California you can have a Crime report taken by your local Law Enforcement agency for annoying / harrasing phone calls. Sometimes if the Officer calls the person making the calls he can solve the problem.

Miss BK
12-16-2003, 09:34 AM
My parents were getting crank calls a few years back, so they bought a heavy duty police whistle and kept it near the phone. When the prankster called, they blew the whistle as loud as they could into the receiver.
They did it once and the pranksters never called back.

MsDrmr
12-16-2003, 09:39 AM
Once you have gone into a debt consolidation program, the co. should be sending letters to all the co informing them that they are to have no contact with the client in regards to collecting monies. Talk to your employee and find out if that was a part of the contract he signed, if so, there is cause to file harrassment charges "IF" it was stated in the contract.
Hope that helps
then of course there is always caller block on the newer phones now

Havasu Cig
12-16-2003, 09:47 AM
You don't need a contract in California to stop the calls. Harrassing / Annoying phone calls are a violation of 653 (m) of the California Penal Code.

HavasuDreamin'
12-16-2003, 09:54 AM
Ask them for their email address as a means for your employee to contact them. Then sign them up for every email spam soliciation known to man including other debt consolidation company's. :D

91nordic29
12-16-2003, 10:33 AM
place them on hold or lay the phone down on the desk and go on about your business. time is money and to them the longer they have to wait on hold, etc, the more time (of thiers) you waste. kinda payback.
i have a "special" voice mail box for telemarketing/collections calls. when they ask to speak to "the person who handles blah blah blah" i say "sure, hang on" and switch them into the "special" mailbox. they hate that.

Sherpa
12-16-2003, 01:50 PM
this phone doesn't have caller ID.
This is in a very large semiconductor company.... (no whistles)
the employee has already notified these people, but they still
call........... I've discussed it with him before.
I might try the code for the California Penal Code thing and
see what happens.... (not expecting much though)
--thanks for the 411.
--Sherpa

C-2
12-16-2003, 03:34 PM
As an employer you can tell them to that you do not permit such calls and to never contact you again. After you tell them once, they are supposed to stop contacting you; all this pursuant to the Fair Debt Collection Act, both California and Federal I believe. They also cannot discuss the details of your employee’s account, they are breaking the law if they do.
If it is a computer call, take the time to answer it and speak to a supervisor – tell them you want your number removed from their dialing que (cue). If they call again, go thru the whole process again. If you fail to get your number removed from the que now, it could go on until your employee becomes current or settles the account.
Respectfully, I don’t think the phone calls can be classified as “harassing” phone calls.
Please see below;
The following restrictions apply to collection agencies under federal law and to all bill collectors under California law. Collectors CAN:
• Contact you by phone between 8:00 a.m. and 9:00 p.m.
• Contact you initially by phone, but within five days must provide you with a letter that reflects the amount of the original debt, plus any interest that has accrued, the name and address of the original creditor, and a statement that states you have 30 days to dispute the debt.
• Contact your lawyer only, if you have one.
• Contact third parties only in order to locate you.
• Charge interest on the debt if it was called for in the original contract or if allowed by state law. Rates may vary by state. In California, interest may be charged even if it was not in the original contract.
• If you ask the collection agency to verify the debt within 30 days of when it initially contacted you, it must stop all collection efforts until it does.
• Demand payment in full. Most collection agencies will let you make partial payments, but if you default on the agreement, they can insist upon full payment.
• If you request in writing that a collection agency stop all communication with you, it must stop. But it can communicate with you to inform you that it plans to seek legal remedy or it is terminating collection efforts. (This is a Federal law and does not apply to original creditors.)
The following prohibitions apply to collection agencies under federal law and to all bill collectors under California law.
Collectors CANNOT:
• Contact you by phone before 8:00 a.m. or after 9:00 p.m.
• Fail to state: the agency's name, address, and phone number; the creditor's name; the amount owed; interest owed.
• Attempt to or collect more than is owed.
• Use any language that is obscene, abusive, or profane.
• Call constantly so that they deliberately annoy or disturb you.
• Threaten to sue you or garnish your wages, unless they intend to actually take this action.
• Threaten to ruin your credit.
• Threaten to send a sheriff to your house to have you arrested or your property seized.
• Threaten to take any action that they cannot legally take.
• Discuss your debt with third parties, or reveal to them that they are calling from a collection agency and that you owe a debt.
• Insult you or a third party.
• Use phony documents that appear to be from a law office or government agency.
• Contact you at work if the collector is aware that your employer prohibits such calls.
• Contact you after you have advised a collection agency in writing to stop.
Additional California Debt Collection Law
California law allows original creditors and bill collectors to contact an employer for the following reasons only:
• To verify the debtor's employment and location.
• To set up wage garnishment after winning a judgment in court.
• To verify medical insurance for medical debts.
Collectors cannot discuss the debt with the debtor's employer or contact relatives, except to locate the debtor.
To complain about a collection agency, write or call:
Federal Trade Commission
Division Credit Practices
901 Market St. #570
San Francisco, CA 94103
(415) 356-5270
Federal Trade Commission
11000 Wilshire Blvd., Suite 13209
Los Angeles, CA 90024
(310) 235-4000
Attorney General
Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244
(800) 952-5225
(916) 322-3360 (outside of California)

Havasu Cig
12-16-2003, 04:03 PM
653m(c) pc: Every person who makes repeated telephone calls or makes repeated contact by means of an electronic communication device with the intent to annoy another person at his or her work place is guilty of a misdemeanor.
there is much more to the section, but it states that 10 or more calls in a 24 hours period are deemed to be annoying / harrassing.

Wet Dream
12-17-2003, 06:09 AM
Originally posted by Sherpa
here goes.....
one of my guys at work here has gone into a debt consolidation
program..............
--Sherpa
If you paid your guys better they wouldn't be going to debt consolidation. ;)

Sherpa
12-21-2003, 03:47 PM
Wet Dream"-----\/
I'm not his "employer" dude............
To C-2, and Havasu Cig, thank you for your input.... much appreciated.
--Sherpa

Kilrtoy
12-21-2003, 05:31 PM
Say look BRO, Maybe we can work something out.
Can I have sex with you a couple times a week.
Im sure the shit head will stop calling after that one.....

clownpuncher
12-22-2003, 02:30 AM
Originally posted by 91nordic29
place them on hold or lay the phone down on the desk and go on about your business. time is money and to them the longer they have to wait on hold, etc, the more time (of thiers) you waste. kinda payback.
i have a "special" voice mail box for telemarketing/collections calls. when they ask to speak to "the person who handles blah blah blah" i say "sure, hang on" and switch them into the "special" mailbox. they hate that.
This has been the best thing to work for me.:D
It's also been proven to discourage those focks

MagicMtnDan
12-22-2003, 06:28 AM
Originally posted by Kilrtoy
Say look BRO, Maybe we can work something out.
Can I have sex with you a couple times a week.
Im sure the shit head will stop calling after that one.....
Hey Kilrtoy, are you saying that you want to work something out with him and you'll have sex with him a couple times a week?! :eek: :eek: :eek:
Looks like your gate swings both ways! :D

CA Stu
12-22-2003, 09:18 AM
Originally posted by Wet Dream
If you paid your guys better they wouldn't be going to debt consolidation. ;)
Some people could get paid $1 million a week and still go bankrupt. i.e. MC Hammer?
Income and not paying your bills don't have a damn thing to do with each other.
That is today's nugget of wisdom from the CA Stu think tank.
CA Stu
PS Naah na na na Can't pay this :)