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Debt Collection Calls not harassment with debtor using smart phone application

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.

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