District Court (Mo.) Finds No Telephonic Harassment for 35 Calls in a Year and 100 calls in 10 Years.

In Caw v. Portfolio Recovery Associates, LLC, 2013 WL 30567 (W.D.Mo. 2013), Judge Gaitan found no telephonic harassment for 35 calls in a  year and 100 calls in 10 years.

 “A non-exhaustive list of prohibited conduct includes, “causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.” “ Rollins, 2012 WL 6051999, * 3 ( quoting 15 U.S.C. § 1692d5). In making this determination, courts must consider the volume and pattern of calls. Id. “Daily calls unaccompanied by other egregious conduct are insufficient to raise a triable issue of fact for a jury.” Rollins, 2012 WL 6051999, *3.  Here, the record is devoid of any evidence which points to any particularly egregious conduct on the part of the Defendant other than daily calls—ranging from 30 to 35 total calls in the last year and 100 total calls since 2002 FN5—attempting to collect Plaintiff’s outstanding debt. As such, Defendant is entitled to summary judgment on this issue.