Expert: Barnette Law Offices, LLC - 5/10/2009

Question
If I'm enrolled in a creditors repayment program and have made regular payments on time each month(most current 4months), and have not breeched the agreement at all, do they still have the right to harass me by telephone (Ref: Federal Trade Commission, FDCPA, 15 USC 1692d, sect 806 (5))? They are pushing me to change my payment disbursements coming from my bank to allowing them to do automatic debits from my account. I've refused and they continue to call at a minimum of 10 times a day between my celluar phone and place of work (they illegally obtained) to include my home of residence. I hope you can clarify and also list a reference.

Answer
L:

Are you under Bankruptcy protection; i.e., Chapter 13, or consumer credit counseling services.  I will presume it is the former to form my answer.  

The answer is no insofar as that is a violation of the automatic stay, FDCPA, and perhaps, your state law.

If your a resident of Tennessee and would like representation, please feel free to give us a call at Barnette Law Offices, LLC.  We handle consumer protection matters frequently.

Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com
info@barnettelawoffices.com