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Is it still considered barrassment if the subject is not technically contacted

  • 22-11-2017 9:39am
    #1
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭


    Hi,

    This happening to a friend of mine a while ago but was recently discussed again by us and made me think about it. I am not looking for legal advice but open discussion regarding the topic.

    He signed up to an online trading company a few years ago but figured out it wasn't for him.

    He received call after call all Uk phone numbers from this company but eventually they stopped or so he believed.

    He then after a few months started to receive calls from other international numbers, he answered them and the agents had bad English but he could always make out they were calling about trading but could never make out the company name so he couldn't contact them directly. He asked many times to not be called anymore but they would just hang up and they didn't stop. Eventually he started blocking the numbers but they would start calling on new numbers every second week or so and as such he was still contacted.

    He is still contacted to this day but as he uses a different phone 90% of the time it doesnt bother him,he showed me that the blocked numbers contact his phone circa 120 to 150 times a year but dont connect as they are blocked and the numbers that aren't blocked he just let's ring out but they call ever second week or so.

    I'm wondering does a phone call that doesn't connect still be considered harrassment? The amount of times certainly would but with out the person actually being contacted through the call does it still count?

    The fact they change they're number would make me believe so as if this was a scorned person doing it to an ex it would be considered just that and a court case would ensue.

    In all likelihood my opinion is the original trading company sold his details to a 3rd party and this is who is contacting him.

    He's not bothered by it anymore so nothing will come of it but I just want to get peoples opinions on the situation or if they have experienced anything similar and what they did?


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Answer the numbers and dont say anything. Let them run up the costs of the call. It will soon stop.

    I'd actually get great enjoyment out of it.


  • #3
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Mr. Incognito wrote: »
    Answer the numbers and dont say anything. Let them run up the costs of the call. It will soon stop.

    I'd actually get great enjoyment out of it.

    If he had time I'm sure he would but most of his contact has moved onto his work phone.

    It's relentless the amount of times they called him and it's from places like Cyprus Amsterdam Morocco and Uk.

    I doubt they get much clients that way


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    lifeandtimes wrote: »
    I'm wondering does a phone call that doesn't connect still be considered harrassment?

    If it is the same person who is constantly interfering with his peace and privacy (per s.10 of the Non Fatal Offences Against the Person Act 1997) then I would be inclined to agree.

    However, reporting this to Gardai is most unlikely to stop this, especially if the calls are from different people from different countries, every time.

    Therefore, I'd suggest that a practical or technical solution needs to be sought rather than a legal solution.


  • #5
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Pat Mustard wrote: »
    Therefore, I'd suggest that a practical or technical solution needs to be sought rather than a legal solution.

    That's pretty much was had happens at this point but you think with only the odd call getting through they would stop.

    Just for argument sake say he was to report this to the Gardai is there anything they could do?

    Seeing as the calls originate outside the country the Irish statute regarding harrasment wouldn't be applicable here right?

    Or because he is an irish citizen and the "offence" is taken place here it would?


  • #6
    Avatar MIA
    Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    Mr. Incognito wrote: »
    Answer the numbers and dont say anything.

    Almost certainly over VOIP and not costing them anything but time. I'd still do as you suggest, answer and leave it.


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  • #7
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    lifeandtimes wrote: »
    Just for argument sake say he was to report this to the Gardai is there anything they could do?
    I doubt that they have the resources to investigate it properly in the first place.
    lifeandtimes wrote: »
    Seeing as the calls originate outside the country the Irish statute regarding harrasment wouldn't be applicable here right?
    I don't know the answer to that without looking it up but I wouldn't bet on it. There may also be more specific offence relating to telecoms.


  • #8
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    Pat Mustard wrote: »
    I doubt that they have the resources to investigate it properly in the first place.


    I don't know the answer to that without looking it up but I wouldn't bet on it. There may also be more specific offence relating to telecoms.

    It's a tricky one all right.

    Maybe some day the guy who got fed up with spam and found to sue them will do the same for calls such as these


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