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Citibank N A Complaint - YOU ARE IN VIOLATION of the Fair Debt Collection Practices Act! - Student Loan
Student Loan - Complaint
YOU ARE IN VIOLATION of the Fair Debt Collection Practices Act!
Stop calling me when payment has been made!!! AND IS NOT LATE!
See #5
U.S. Fair Debt Collection Practices ยง 806. Harassment or abuse
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.
Stop calling me when payment has been made!!! AND IS NOT LATE!
See #5
U.S. Fair Debt Collection Practices ยง 806. Harassment or abuse
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.
Comments:
Posted by macdave on 2010-08-23:
The Fair Debt Collection Practices Act only applies to debt collection agencies, not the original lender so they are not in violation of it. The issue as to why they are calling you, is something you will have to talk to them about.
Posted by DebtorBasher on 2010-08-23:
Is it Citibank that is calling you or a collection agency that was hired to collect for them? You would have to prove that they are calling with the INTENT to harass, annoy or abuse you. If they are simply calling about a bill, there's no violation. Are they calling and hanging up on you? Are they calling before 8am or after 9pm in your time zone? Do they continue to call you after they've made contact with you in the same day?
Posted by Helpful on 2010-08-23:
With all respect Dave, the act applies to anyone, person or group which engages in the collection of a debt. This can absolutely include the original lender.
With that said, I'm not sure why the OP is posting this here. They must show that they've contacted the lender and/or collector and disputed said debt; in this case, because it has already been paid. Throwing something up on this site doesn't do anything to help strengthen the OP's position for stopping the collector from calling.
With that said, I'm not sure why the OP is posting this here. They must show that they've contacted the lender and/or collector and disputed said debt; in this case, because it has already been paid. Throwing something up on this site doesn't do anything to help strengthen the OP's position for stopping the collector from calling.
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