Are you getting harassing calls?

Harassing callers can be a real nuisance. These communications can originate from another person, a debt collector, or a telemarketer.

Phone harassment is generally any communication over a phone (land or cell) that is aggressive, unnecessary, disturbing, or vulgar in nature, which makes you feel uncomfortable or even in danger. For specific definitions, see the "Know your rights" section below.

As the severity of harassment increases, the level of penalty and crime increases.

Debt Collectors: operate with a well-established framework. For example:

A debt collector, by law cannot call "repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."
They must also respect a person's right to not be called by them. While this doesn't negate potential debt, it does stop them from contacting you.
Debt collectors also may not use abusive language including religious slurs, profanity, obscenity, calling the consumer a "liar" or a "deadbeat." The use of racial or sexual epithets is prohibited.

To read more about Debt Collector practices, click here.

Telemarketers: if you believe you are being harassed by a telemarketer, please view our "Getting Calls from Telemarketers?" section.

Caller-ID changing services: there are some services in the market that will mask a caller's source phone number, or even allow them to input a chosen fake source phone number. Sound kinda shady? Like the premise for a Scream 6 movie? You're right, it sure does.

The good news is that Congress is currently working on a law that would make it illegal to modify caller ID information with the intent to "defraud or harass another person, or to use another person's caller ID information without consent."

So basically, this law will not take ID changing technology off the market, but it will create criminal consequences for people who misuse the technology. The law would not make "joke" or "prank" calls illegal, as long as they don't include the caller assuming someone else's phone number.

Know your rights

Under the United States Code Title 18 Subsection 1514(c)1 harassment is defined as "a course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose."
The Modern Penal Code section defines harassment as a petty misdemeanor if the purpose is to harass another, he: 1) makes a phone call without a legitimate purpose; or 2) insults, taunts or challenges another in a manner likely to provoke violent or disorderly response; or 3) calls at inconvenient hours or in offensive language; or 4) subjects another to offensive touching; or 5) engages in any other course of alarming conduct serving no legitimate purpose of the actor.
To learn more about the Act that makes masking your caller ID illegal, check out the Preventing Harassment Through Outbound Number Enforcement Act (H.R. 740 ) at: http://www.govtrack.us/congress/bill.xpd?bill=h109-5304

There is another bill that is very similar H.R. 251 the Truth In Caller ID Act at: http://www.govtrack.us/congress/bill.xpd?bill=h110-251
There are many state anti-cell stalking and harassment laws:
http://www.ncsl.org/programs/lis/cip/stalk99.htm
Debt collection: Most collection rules are established under the 1996 Fair Debt Collection Practices Act. If you would like to learn more, please visit:
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

Solutions

First thing's first: If you are getting calls from a harassing caller, ensure your safety.

Nothing is more important than your safety. Don't hesitate to contact your local authorities if you feel seriously threatened, even if the harassing call is not recurring.* Provide as much information to law enforcement as you can:

Indicate the gender of the caller and describe the caller's voice. Note the time and date of the call(s). What did the caller say? How old did he/she sound? Did the caller seem intoxicated? Did he/she have an accent or speech impediment? Was there any background noise?
Tools from your telephone company: Purchase a caller ID feature. Make note of your harasser's telephone number.

If it's a blocked number, try setting up an "anonymous call rejection" feature. This doesn't allow blocked numbers to call without first identifying themselves.

Other services offered by phone companies include running a "trap" (you keep track of the call times of harassing callers, the company tracks the number) or within local service areas many companies offer a "call trace" (e.g. *57 to call last caller).
In you own hands:
- Is your number is in a public directory or "listed"? Take it off.
- Reverse phone lookup: If it's an annoying caller rather than a threatening one, you can do a reverse phone lookup.
  
  If you don't think the harassing calls are malicious, try calling the number and discussing it with the owner. Perhaps it's a cell phone where the key locks off. Perhaps an annoying pre-teen game at a sleepover (who can say they didn't do that when they were a kid? Oh you? Okay.).
  
  A reverse phone look up will allow you to find out the owner of a phone number (perhaps some parents at that pre-teen sleepover!) or their phone company (often the case with cell phones).
- Consider using developing technology against them. Numerous products will allow you to record telephone conversations as a digital file on your computer. Run a Google search query for "telephone conversation recording" or "phone call to PC" and plenty of these products will come up.
Telemarketers: If you believe you are being harassed by a telemarketer, please view our "Getting Calls from Telemarketers?" section.

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