Re: How is CA "harassment" defined?
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Posted by MCM bait
(66.149.179.202) on March 18, 2004 at 19:16:02:
In Reply to: How is CA "harassment" defined? posted by SilverSurfer2007 on March 18, 2004 at 16:32:44:
The best proof of repeated calls would be a report from your phone company. They can disclose even "unavailable" calls if you tell them you're being harrassed, and should be able to produce a call log. They may, however, require that you prosecute the offender. Below is the applicable statute from the FDCPA: § 806. Harassment or abuse [15 USC 1692d] A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act. (4) The advertisement for sale of any debt to coerce payment of the debt. (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.
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