Annoying and Harassing Phone Calls

MYFOXNY.COM - Calls from telemarketers and debt collectors can be really annoying, especially when the debt isn't yours.

Mark Roberti of Long Island knows that all too well. So he called Fox 5 News for help; Andrea Day and the investigative team looked into it.

Fox 5 left messages for Global Credit, but the company did not return our calls.

In the meantime, Roberti said that the calls have finally stopped.

HOW TO STOP ANNOYING CALLS

If you're getting annoying phone calls from telemarketers or debt collectors, there are actions you can take to reduce the number of calls and messages you receive. First, you must recognize if the caller is a telemarketer or a debt collector.

If you'd like to stop most telemarketers from calling your house or cell phone, you must sign up on the Do Not Call Registry .

The national Do Not Call Registry gives you a choice about whether to receive telemarketing calls at home or on your cell phone. Most telemarketers should not call your number once it has been on the registry for 31 days. If they do, you can file a complaint on the Web site .

Placing your number on the National Do Not Call Registry will stop most telemarketing calls, but not all.

The FTC says that "because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you've provided express agreement in writing to receive their calls. However, if you ask a company with which you have an existing business relationship to place your number on its own do-not-call list, it must honor your request. You should keep a record of the date you make the request."

If you do owe a debt, collectors do have the right to call you -- but not harass you. The Federal Trade Commission (FTC), enforces the Fair Debt Collection Practices Act (FDCPA) , which stops debt collectors from using abusive, unfair, or deceptive practices to collect from you.

There are many types of debts covered by the FDCPA. Personal, family, household debts, auto loans, a medical bill, and even your mortgage are all protected. However, the FDCPA doesn't cover debts you incurred to run a business.

The Federal Trade Commission answers some of the most common questions about debt collectors and consumer rights on this Web page .

If a debt collector continues to violate the FDCPA, you can take legal action.

"You have the right to sue a collector in a state or federal court within one year from the date the law was violated," the FTC says. "If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can't prove that you suffered actual damages. You also can be reimbursed for your attorney's fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it."

Beware of any callers that ask for sensitive information like a credit card number or social security number up front.

"When you call the company to sort things out, never give them any information other than your name and phone number – just in case it's a scam," says attorney Andrew Leder.