Hi there all,
I have Portfolio Recovery (as purchaser of debt) coming after me for an alleged debt, about a year after default. I think they noticed my having settled another debt so my blood is in the water.
Anyway, my cell phone is in a different time zone and they keep calling it around 6am-7am.. about 4 times now. They have sent me their initial notice that they acquired the debt, so they have my address. I live in CA. I waited for them to make several calls, answering each time after several rings, in hopes they'd hang up and they have, until recently. I answered. They said my area code indicated it was not too early, and I said "don't call again (*see note)" and hung up.
(1) Are they in violation of state and/or federal regulations for calling my phone whose area code is on the east coast, when I live on the west coast and they have my address? I would argue that it's not irregular to move with a cell phone and keep the number.
(2) If they have violated something, can I use that to send a cease and desist, report them to someone, or use it as an affirmative response if they sue?
*I understand I can't really document that request not to call me, at this time- I can do a phone recording but it's a pain, as in CA I have to ask permission, then hit my recording app, which joins the call as a conference call and records.. a lot of trouble.