Just got a Payday loan collection call from B.I.G exactly at 12:45am....Can they do that if they are in another country? I thought they were supposed to stop calling at 9pm whatever time it is in the time zone they are calling...OMG.....and the v/m....is rediculous.....they have been callingme from 8am ....to 12:45am.....im pissed....
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What time is it in India? if it is 12:49am here?
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I'm assuming if they have operations and business in the U.S. they need to comply with the laws here. I know when I worked for an IVR company (interactive voice recognition - those systems where you dial a toll free number and then have an automated menuing system) when there were outbound calls (the system called you) we had to be very careful and program it to take into consideration the time zone of the phone number. Clients usually provided us with that information.
If the Payday Loan company is in the U.S. but contracted out collections, I would still think that they had to comply with the law. Hey, it's not your fault they decided to contract people on the other side of the world. THEY need to be up at midnight to call YOU between YOUR hours.
Write them a letter and start documenting when they call if it outside of the legal timeframe. Contracting a company in another country does not allow them to call anytime they want to, I don't think.Chapter 13 Filed "Old Law"
Filed: 6/2003 Confirmed: 3/2004
Early pay off sent: 10/05/2007 - 9 months early
11/16/2007 - Discharged!
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Originally posted by tiredofdebt1 View PostJust got a Payday loan collection call from B.I.G exactly at 12:45am....Can they do that if they are in another country? I thought they were supposed to stop calling at 9pm whatever time it is in the time zone they are calling...OMG.....and the v/m....is rediculous.....they have been callingme from 8am ....to 12:45am.....im pissed....
Laws are useful for those of us that obey them.
Collectors are well know for ignoring them, whether they are in CONUS or not.
May I suggest that you set up an answering machine, with recording capability and a ringer that turns off...
Turn the ringer off when you don't want to be disturbed.
If you have family, or other considerations requiring instant access via phone, consider a pre-paid cell phone...
Give the number only to those that must have it. Demand they never give it out.
Whether this collector has violated the law or not, and too what extent you can do anything about it in a timely manner is probably a matter for debate.
The collector is an agent for the creditor, and the creditor can probably can be held liable.
I know that in both my FDCPA settlements, the original creditor was also listed in the settlement agreement limiting my ability to sue at a later date. That indicates to me that there is some liability that the creditor, located in the US, can be held responsible for the actions of it's agents.
Set yourself up for the least hassle from collectors as possible.
Then find yourself a NACA attorney and sue, if possible.
Certainly, the FDCPA limits phone calls for collectors. Whether the federal courts feel they can reach out to companies outside CONUS is another matter.
CPO
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Originally posted by CPO View PostJust a "side" note on this.
Laws are useful for those of us that obey them.
Collectors are well know for ignoring them, whether they are in CONUS or not.
May I suggest that you set up an answering machine, with recording capability and a ringer that turns off...
Turn the ringer off when you don't want to be disturbed.
If you have family, or other considerations requiring instant access via phone, consider a pre-paid cell phone...
Give the number only to those that must have it. Demand they never give it out.
Whether this collector has violated the law or not, and too what extent you can do anything about it in a timely manner is probably a matter for debate.
The collector is an agent for the creditor, and the creditor can probably can be held liable.
I know that in both my FDCPA settlements, the original creditor was also listed in the settlement agreement limiting my ability to sue at a later date. That indicates to me that there is some liability that the creditor, located in the US, can be held responsible for the actions of it's agents.
Set yourself up for the least hassle from collectors as possible.
Then find yourself a NACA attorney and sue, if possible.
Certainly, the FDCPA limits phone calls for collectors. Whether the federal courts feel they can reach out to companies outside CONUS is another matter.
CPO
Net10 is by far the cheapest pre-paid cell phone I have been able to find and as far as I can tell they work everywhere that has any cell phone reception.The world's simplest C & D Letter:
"I demand that you cease and desist from any communication with me."
Notice that I never actually mention or acknowledge the debt in my letter.
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They cannot call you during that time. I used to work at a collection agency and we had to be very careful when calling to a different time zone that we were in compliance. Get proof and sue - you could make some money!Kari
10/12/2007 Filed Chapter 711/08/2007 341 Meeting 01/07/2008 Last Day for Objections
http://www.bankruptisnormal.com/
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