STOP CALLING! The dude that called had a little smart [***] mouth on him. When I answered this am , and asked whos calling , Then they said the name I said " NO ONE HERE BY THAT NAME" He just said you could have said that at the beginning of call to save him time. REALLY ! Please have these people STOP calling my #.
If it is portafolio recovery they are NOT allowed to make calls to collect any debt during weekends, or after 9pm on weekdays. (Fair Debt Collection Act)
But since they may use different numbers as stated in the above posts, it would be difficult to make it hold in court.
What I recommend is not answering any phone # you don't recognize, if it is important they will leave a voicemail.
Why do you think companies like portafolio recovery don't leave any voicemails; voicemails are evidence becuase they are also not legally able to harrass you ( that being calling too many times any given day)
(Section 805(a)(1)). A debt collector may not call the consumer at any time, or on any particular day, if he has credible information (from the consumer or elsewhere) that it is inconvenient. If the debt collector does not have such information, a call on Sunday is not per se illegal.
The purpose of this section is to limit collection calls to normal business (work) days which are usually Monday - Friday. If this is your normal work schedule then you could inform the collector that calls on Saturday and Sunday are inconvenient and the collector must then consider these days as "no collection call days".
If your normal workdays are Wednesday - Sunday, then collectors can reasonably assume that calling on Saturday and Sunday are not inconvenient. However, if you tell them otherwise they must not call. But, this does not mean you can say every day of the week is inconvenient. It's acceptable to have one or two days that are inconvenient but not all week.
A first-time call on a "no collection call day", does not violate the fdcpa. But, after informing collectors of your off-limits days, they call a second time on your "no call" day, they are in violation of the fair debt act.
All you need as evidence to report them for harassment is the day/time/stamp of each call.
I know this firsthand because a family member had logged evidence of a debt collector who called multiple times back-to-back-to-back prior to 8AM without leaving a VM. Our state's consumer protection agency threatened to take them to court and fine them thousands of dollars for each day they continued to violate the law. The calls stopped.
This number, 859-918-0780 is Portfolio Recovery. This is the first time they have called me on this number, and the caller ID showed them to be Portfolio Recovery.
They began calling in March of 2009. I have kept a list of every number they have used. Early in 2010, I started keeping a log of date and time, in addition to the list of numbers. Most of the calls came with no identity in the caller ID box, until I sent a list of the calls and the numbers they had used to the Attorney General's office of consumer protection. After the consumer protection attorney got in touch with them, the dopes kept right on calling, but now they *always* identify themselves. Go figure.
They had been harassing me over a credit card account that, if I ever had it, was never used following a severe medical problem in Feb. 1997. Since I cut up my credit cards and never had another one after mid-1997, any debt I may have had then is clearly long past statute of limitations. These bottom-feeders told the atty general there were two acoounts, but that was a lie. They had sent me two letters, about a year apart, both to the same account number.
On Jan. 31, there was an IRS form 1099-C in the mail, for the person they are harrassing -- a name I have not used legally since my marriage 8 years ago! They told the attorney general office they were not calling any more, but I have pages of listings of all the calls they have made since they told him that. After the 1099-C arrived, they had quit calling, but now on Sunday afternoon, a week later, these vermin are back at it, from this brand shiny new number.