Calling debtor at home and at work 82 times attempting to collect debt is not harassment

Yalitza Valle sues National Recovery Agency ("National")  alleging violations of the Fair Debt Collection Practices Act by calling Valle at home and at work eighty-two times in an attempt to collect debt incurred from emergency medical service.  The parties dispute no fact.   The telephone log confirms that between December 30, 2009, and September 7, 2010, National telephoned Valle at home and at work for a total of eighty-two calls, twenty-two of which occurred in February, 2010.  On seventeen occasions, National called both Valle's home telephone number and work telephone number during the same day.  National never called the same number more than once per day.  Valle never answered.  National never left a voice message. Speaking with National for the first and only time, Valle telephoned National on September 9, 2010, and National stopped calling Valle.  Valle produces no other evidence of potentially harassing conduct.   National never called Valle twice at the same phone number during the same day. National conversed with Valle only once and only when Valle called National, who never again called Valle.   National never threatened Valle; never called Valle at an odd hour; never contacted a friend, employer, co-worker, or family member; and never engaged in other conduct "naturally" resulting, or intending to result, in harassment, oppression, or abuse. Valle never disputed the debt, never demanded cessation of the calls, and never answered the phone.     Judgment for Debt Collector, National.

Valle v. Nat'l Recovery Agency, 2012 U.S. Dist. LEXIS 69564 (M.D. Fla. May 18, 2012).