Bank One
Violation of Fair Debt Collection Act - Harrassment ABUSE by phone - rings cell 9 times in one day

People become late in their loans. My wife & I become late in our loans but we eventually catch up. However, don't get a Bank One loan, because if you're late on a payment, even by a few days, the phone harrassment begins.

I have no problem with tryin to collect a debt and agree the best method to prevent debt collection is to pay on time. Debt collectors also have the right to contact you regarding the payment of the debt but calling my personal cell 5-9 times a day and one night 6 times between 6PM and 9PM is rediculous and harrassment.

Here is an excerpt from the Fair Debt Collecting Act:

392.302. HARASSMENT; ABUSE.in debt collection, a debt collector may not oppress, harass, or abuse a person by:
(1) using profane or obscene language or language intended to abuse unreasonably the hearer or reader;
(2) placing telephone calls without disclosing the name of the individual making the call and with the intent to annoy, harass, or threaten a person at the called number;
(3) causing a person to incur a long distance telephone toll, telegram fee, or other charge by a medium of communication without first disclosing the name of the person making the communication; or
(4) causing a telephone to ring repeatedly or continuously, or making repeated or continuous telephone calls, with the intent to harass a person at the called number.

Here are the time Bank One called my cell phone yesterday, 09/01/04:
8:53AM, 10:53AM, 12:17PM, 12:50PM, 1:50PM, 2:35PM, 3:03PM, 3:30PM & 4:37PM. I have several days records of call times like this. I even tried talking to a supervisor when they called to complain. You might as well talk to right rear tire on my pick-up. If I had a ligitimate answer to give, I would, but I don't always do.

"COMPLAIN TO THE GOV'T"!! You say. I have filed several complaints with the FTC, FCC, ATT. Gen. Of TX.;send e-mail to Sen. Kay Bailey Hutchinson and recently sent an e-mail to my local state senate representative Corbin Van Arsdale. His office is practically around the corner. The FTC says they can't do anything about it but keep track of the problem until they get enough compaints, in the meantime, consider sueing. The FCC says to contact the FCC. The ATT. Gen of TX. Says he can't do much but recommends sueing. My Gov't representatives haven't even had the courtesy to acknowledge my communications.

"SO SUE" you say. I don't want to have to sue. My belief is that if the Gov't has rules, it should step up to the plate for the little guy. However, if sue I must do, maybe I should. Of course, if I had the money to sue, I could pay my bills.

I aks any and all who are experiencing the same from Bank One or any creditor to file with the FTC (www.ftc. Gov) so that they know we're here. Please use this forum to let the banks, Bank One in particular know, that you now know you have rights. You can also go to www.bigclassaction.com and file a complaint, who knows, if enough of us do this, we might be able to get a lawsuit going. You see the Fair Debt Collecting Act also says:

392.402. Criminal penalty. (a) A person commits an offense if the person violates this chapter.
(b) An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $500 for each violation.

(c) A misdemeanor charge under this section must be filed not later than the first anniversary of the date of the alleged violation.

Signed,

You guys pushed it too far this time

Company: Bank One
Country: USA
State: Texas
City: Ft. Worth
Phone: 8004884590
Site: www.bankone.com

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