Wells Fargo Auto Finance Harrasment?

[diamonddan73]

We financed our car thru Wells Fargo Auto Finance. We have had the loan for 4 years now. My question is can they start calling us 3-5 times a day on our cell and home phones for payment within a few days after the due date? Our payment is due on the 23rd. If we have not paid them by the 25th, they start with the calls. Can they do that? Is it harassment? Can I write them a C&D for all phone calls? We are not letting the payments go 30 days late. Any help is greatly appreciated.

[Game Plan]

Originally Posted by diamonddan73

We financed our car thru Wells Fargo Auto Finance. We have had the loan for 4 years now. My question is can they start calling us 3-5 times a day on our cell and home phones for payment within a few days after the due date? Our payment is due on the 23rd. If we have not paid them by the 25th, they start with the calls. Can they do that? Is it harassment? Can I write them a C&D for all phone calls? We are not letting the payments go 30 days late. Any help is greatly appreciated.

If you are only a few days late why not just talk to them and let them know when payment will be made? A C&D does not work with the OC and would not be such a smart idea since they could respond with a repo order.

[diamonddan73]

Well, I did some more research on this and I found that Wells was violating the TCPA by using an auto dialer on my cell phone. Infact they have racked up violations well over $2,800,000 dollars in harrasing phone calls to me. I hired an attorney and filed suit. Each call was a $1,500 fine and with 40 to 60calls per month over 4 years.

[Game Plan]

Please keep us posted. I found an article that does not seem to support what your attorney said.

2. A creditor, debt collector or asset buyer is permitted to make auto-dialed and prerecorded message calls to a consumer's wireless number in connection with an existing debt so long as the consumer provides prior express consent to that calling party.

3. A consumer provides prior express consent to be called at her wireless number via auto-dialer or prerecorded message if she knowingly releases her wireless telephone number to the calling party. Such consent does not have to be in writing.

4. A consumer who gives prior express consent to the creditor similarly gives such consent to the debt collector calling on behalf of the creditor.

[diamonddan73]

I never gave consent to call my cell or my cell phone number to Wells Fargo. They "found" my number like all creditors do. I did not know about the TCPA or I would have sued them along time ago. We have our first meeting to "work it out" at the end of March in front of a Judge in federal court. I'll let you know how that goesif I can. I've seen alot of these cases get a NDA. I would recommend anyone who gets auto dialed calls to their cell phones to file suit. As long as you never gave your cell number to OC, JDB, or CA you can sue for big bucks!!!