Thursday, June 06, 2013 - Posted by Philip Harvey
A debtor in the US (Detroit) installed an application on their
smartphone that automatically ignores telephone calls that the user
specifies. The app has the effect that the phone does not ring at the
receivers end, and the phone "rings out" at the callers end.
In attempting to collect a debt, a debt collector phoned the debtors mobile some 85 times over a 6 week period.
Subsequently the debtor attempted to sue the Debt Collection
Agency for harassment under the Fair Debt Collection, claiming to have
suffered from emotional distress.
The Federal Court dismissed the case, with the Judge questioning
why it ever made it to the Federal Court, and noted the debt collection
calls were being made at a time when money was owed.
We have not come across this smart phone app as yet in our debt
collection in Australia, and would be interested to know if anyone in
their debt collection efforts has come across this?
US Federal Court Detroit. March 2013.