Robert
Irvine,#2Consumer Comment
Sat, October 10, 2009
But what they are doing is unfortunatly legal..
The Fair Debt Collection Practices Act(FDCPA) ONLY applies to 3rd party collection agencies. Wells Fargo is considered the original creditor and are not bound by it. So in that respect they are correct it is not a real law..for them.
By the way the FDCPA does not specifically state when a debt collector can call. It just states that they can not call at a time they know to be inconvinient. Unless they know otherwise that is taken to be 8am-9pm 7 days a week.
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Section 805 - Communication in connection with debt collection
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt
(1) -at any unusual time or place or a time or place known or which should be known to be inconvenient to the 15 USC 1692b 15 USC 1692c 6 805 15 USC 1692c consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 oclock antimeridian and before 9 oclock postmeridian, local time at the consumers location;
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