Legal Question in Credit and Debt Law in Nebraska

Credit Card companies calling

If a bill is being paid as agreed, can a credit card company call you at home for paymant requests? If so, are they allowed to criticize you? Can they continue to call when payment has been received, and you ask them not to call anymore?


Asked on 1/29/03, 7:13 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Credit Card companies calling

If the credit card company is the lender, then the Fair Debt Collection Practices Act does not apply (including those provisions that say that a debt collector can't keep calling after you tell them not to, etc.) because the lender is not a collection agency. If it is, in fact a collection agency, then there's lots of rules that apply, the first and most important of which is that they have five days from the date of the initial contact with you to get you a written description of your rights under the act. Whatever complaints you make, make sure they're in writing, properly addressed (there's often a separate address from that to which you mail the payment), and that you get a delivery confirmation or certificate of mailing from the USPS which you staple to your photocopy of your complaint. Complaints over the telephone are just words in the air, gone as soon as uttered, easily denied, and of no evidentiary value whatsoever.

You may have state laws that prevent harrassment over the telephone, but it's unlikely the Police will do anything about it. I suggest you get a caller-id box and don't answer the phone unless you see a name and number you recognize and screen your other calls with an answering machine. If the calls are a real nuisance, and you're actually current in your payments, you could file suit to get an injuction to make them stop, but it's got to be worth the time, trouble and expense to you to take that step.

Read more
Answered on 1/30/03, 7:36 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Nebraska