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Long distance and cellular calls


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Posted by Bear (12.15.122.237) on October 17, 2002 at 22:14:12:

In Reply to: Re: Trying t o cooperate and make payments.... posted by Why Chat on October 17, 2002 at 21:45:28:

In this string, it is asserted, "it is ILLEGAL for a collection agency to call you on a cell phone or to requre you to incur ld charges."

Is this based on the wording in FDCPA or a court case? I am unaware of any such language in FDCPA or of a court case standing for that proposition. At 15 U.S.C. s. 1692f(5) prohibits, "Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees." The postings of Nels indicate that the "true purpose of the communication" was disclosed.

The CA may be a snake (that being the nature of the beast), but hasn't done anything illegal. Nels should just send the "cease communications" letter and stop returning the CA's calls. If the calls persist after the CA receives the "cease communications" letter, then Nels will have a FDCPA claim.

Where is it written that it's illegal for a CA to call on cell phone? How would a CA even know it's a cell phone?


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