AFNI Inc. allegedly harassed a consumer by calling the consumer “at least ten times a day” from 877-403-0657 according to a FDCPA lawsuit alleging that AFNI Inc. violated the Fair Debt Collection Practices Act (“FDCPA”) and the Florida Consumer Collection Practices Act (“FCCPA”).
The consumer alleged that AFNI’s collector also harassed him by telling that there would be a warrant out for his arrest if he did not pay the alleged debt.
The complaint alleged that AFNI Inc. also violated the FDCPA and the FCCPA by calling him as early as 7:30 a.m and as late as 10:30 p.m.
The factual allegations in the complaint against AFNI Inc. filed during 2009 are just that — alleged facts. The alleged facts were never proven in court.
Although the FDCPA does not provide a specific number of times that a collection agency can call a consumer during any time periods, the FDCPA prohibits debt collectors from calling repeatedly or so often that it indicates the collector intended to harass the consumer. In my opinion, ten calls in a day as alleged by the consumer would be excessive and would evidence harassment.
False threats of arrest or accusing consumers of criminal conduct are also debt harassment. Collection agencies who make false threats to obtain a warrant or tell consumers that a warrant was issued, violate the Fair Debt Collection Practices Act (“FDCPA”). The Florida Consumer Collection Practices Act (“FCCPA”) prohibits original creditors as well as debt collectors from making such false statements.
Collection agencies who call between the hours of 9:00 p.m. and 8:00 a.m. violate the FDCPA. The Florida Collection Practices Act places similar restrictions on the hours that original creditors and debt collectors can call consumers. I recommend that consumers use the Phone Harassment Log (press the button appearing on the navigation bar on the top of this page) and take a photo of the caller ID info if also convenient.
If you are receiving calls from AFNI Inc. or other collection agencies about a consumer debt, you are welcome to contact me by completing the Collection Agency Harassment Form in the right hand column of this page. If you are a Florida resident, you are also welcome to call my office. I will contact you to discuss your situation and how to protect your rights.
If you live outside Florida, I will try (as a courtesy to you) to provide you with the name and contact information of an experienced debt harassment lawyer who is licensed to practice law in your state.
(C) 2011 Donald E Petersen
All rights reserved
