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Harassment from Collector

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My husband and I got a credit card from ***** Bank. We used the card, then my husband got a letter from them saying they had canceled/closed his account due to his credit score. The card was pre approved, so you would think they were aware of his credit score beforehand.

Regardless, the phone calls started before my husband even activated the card. They were repeated, every day of the week, several times a day. The calls stopped for a few weeks after the card was activated, but then started up again after we got the first bill. It wasn't even 5 days due and they started calling. We tried to set up a payment date for my husband's next payday. However this didn't stop the phone calls. They just kept calling and calling. Even calling my husband's job, which meant that he had to stop working to go to the phone, the bank, however, had hung up by the time he got there.

It had gotten to the point that we had to tell them to cease calling his job and remove the number, or my husband was going to get fired. We have tried to find a lawyer to take our case because we do wish to press charges against the bank, but we haven't had any positive responses.

We admit and agree that we owe the bill, however we contest and protest the harassment of the numerous calls that endanger my husband's job as he's the only one working right now. We are in the Denver, CO area, any suggestions would be appreciated.

Edited by FindLaw_AHK
This post has been edited to remove personal or identifying information. -Moderator

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Guest FindLaw_Amir

You may visit the Bankruptcy and Debt Center: Debt Relief and read How to Stop Debt Collector Harassment as a good resource to learn more about your rights. You may also want to consider signing up for a legal plan on LegalStreet. For less than $13 a month, you can ask a local lawyer all the legal questions you want and also get discounted legal representation if you need.

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Your basic problem is that no law says the creditor can’t call repeatedly to collect the debt. The federal Fair Debt Collection Practices Act (FDCPA) regulates the collection activities of debt collectors, which are persons or companies that collect debts on behalf of the original creditor. The FDCPA does not apply to the original creditor or its employees collecting for the creditor. Colorado has its own fair debt collection act, but like the federal law, it does not apply to the original creditor. Colorado does have a crime punishing “harassment” that applies to everyone in the state, but it is only violated for telephone calls when the caller:

“(e) Initiates communication with a person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene; or

(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or

(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property.”

Colo. Rev. Stat. § 18-9-11. You may complain to your city’s police department or county DA that you think the creditor is harassing you. It would ultimately be up to the DA to decide whether to pursue any charges under that statute. When the calls are for debt collection, it is difficult to win a conviction for harassment, so don’t be surprised if the DA doesn’t pursue it. You’ll have your best shot at it if you have good evidence supporting the harassment, like a log with the exact time of each call, etc. Simply giving a general statement that they call several times a day isn't terribly compelling.

Ultimately, though, you might not get it to stop unless you pay the bill or file bankruptcy. You might try changing your phone number and keeping it unlisted, screening your calls with caller ID or blocking the calls from the creditor, etc. That doesn’t help much with the calls to your husband’s workplace, though.

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