Question about Phone Calls from Chase Banks – From Email

Hello. Here is a question I received via email last night:

I have two Chase Visas. I quit paying them in August. Chase calls me daily. It is driving me nuts. Is there a law that protects me from all of these phone calls? Janice in Fenton Michigan

Janice, unfortunately Chase is an original creditor. The FDCPA only applies to third party debt collectors in most situations. Since Chase is clearly the original creditor, you may need to take a different approach.

Consider the length of time that you have been delinquent. If my math is correct, you account is about 75 days late. Withing the next couple of weeks Chase will likely will “charge off” the debt. That means that it will likely be sold to a third party debt collector. That is when the fun starts for you. When the third party debt collector first contacts you, send them a debt validation letter. If they continue to try to collect without validating, they are in violation of the FDCPA (ยง 1692 g(B) Collector must cease collection efforts until debt is validated).

Another issue I wanted to make clear is that most people think when a debt is “charged off” that it can no longer be collected. This is not true. A charge off by a collector is just an accounting function that does not affect you. Don’t think a charge off gets you off the hook, because it doesn’t. You need to keep working on your plan and not concern yourself with the charge off as it means nothing to your status.

Let me know if you have any questions.

Fight the good fight, Boiler

    • Mike,

      As I read the question, the TCPA aspect had crossed my mind. I don’t think she was called enough for it to be a TCPA harassment issue.

      How many calls constitutes harassment is an subjective decision that would have to be made by a jury. I don’t think Chase is going to get in trouble for calling twice a day during normal times.

      Thanks, Boiler

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