New member here with a somewhat unusual situation.
Here's the background info...
1. I have an active contract with original company (current customer), I'll just call them "OC"
2. OC has a "broad" arbitration clause in their contract (applies to "affiliates", "agents", etc)
3. Due to some OC computer error, I somehow ended up referred to their 3rd party collection agency... despite my bill being current/paid on time
4. For a few months, 3rd party collector engaged in a calling campaign sending daily calls to my cell phone
5. I did not really notice at first since the calls were showing up as "unknown" or "possible scam" on my phone, I assumed they were just more scam calls until I finally answered one out of curiosity
6. Confused and not knowing what was going on (since my OC payments are current), I sent 3rd party collector the usual "cease & desist" letters to have a paper-trail
7. 3rd party collector continued to call despite these multiple requests for them to stop calling
8. After some investigation/back and forth with OC, the issue was cleared up and the calls ceased about a week later
9. I recently re-negotiated my contract/services with OC and this time properly opted-out within the "30 days" arbitration opt-out window
MY QUESTION IS: because I have now "officially" opted-out of the arbitration clause, would I now be able to sue 3rd party collector in Federal court? Or would any violations of FDCPA/TCPA/etc have to happen "after" the opt-out for me to be able to pursue such a claim?
My problem is not really with the OC, but I would really like to somehow sue 3rd party collector (if possible) for their conduct. I documented things pretty well as far as 3rd party collector goes: I sent letters certified mail, took screenshots, and so forth.
For context, I have filed a few consumer law cases in Federal court before, and that is where I am most comfortable since that's where the big horsepower is at/highest settlements.
I have 0 experience with arbitration so would prefer to stay out of there since it's unknown to me and plus I hear the settlements/payouts are much smaller. I also hear the arbitrators are rigged and favor the company most of the time, but that's just an internet rumor I hear... again, I don't have any actual experience with arbitration at this time.
Thanks for reading, I'm interested to see what your guys thoughts on this are