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debt collector harassment with automated phone calls

Thursday, April 03, 2014 - Posted by Philip Harvey

In the US, West Virginia, a debt collection agency is being sued for not stopping phone calls after a man engaged a lawyer.


In addition to this, "robotic" phone calls were being made by an automated telephone system that did not empower the person being contacted to talk to a real person. Because of this, he was unable to tell the debt collection company he had retained a lawyer.


In the proceedings being brought against the debt collection agency they are claiming;

  • negligence
  • intentional infliction of emotional distress
  • privacy breaches
  • violations of the consumer credit and protection act


It would be interesting to see how this case would be handled under Australian Law. There are certainly elements of Privacy and debt collection action that may be against the ACCC and ASIC guide to debt collection.

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