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New to the board needing advice


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Hi everyone. I'm new here and just found this site and there lots of great information here. However, I couldn't find anything here related to my situation so I'm hoping someone may be able to help to give me some advice in my situation. I took out a loan with CashCall, they are based in California. I live in Ohio. I got behind on my payments and they have been calling non-stop everyday for the last couple weeks. However, yesterday they called 30 times in one day including 7 times after 9pm, the last one at 10:56pm. I have all this info saved on my called id. They also left 2 voicemails after 9pm as well, which have also been saved. They have also called a couple times in the past after 9pm however I didnt save or record the dates. Well here's my problem. Accord to the FDCPA, CashCall wouldn't be considered a debt collector because they are the original creditor and the FDCPA doesn't apply to the original creditor. However, California has state law that has the same provisions as the federal law but it applies to the original creditor as well. Would I be able to sue them for violating California state law even though I live in Ohio? If I'am able to sue them would I have to sue them in California or would I be able to sue them in Ohio? I would appreciate any and all information anyone can provide. Thank you all in advance.

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Cashcall operates out of California, therefore they have to adbide by Cal. state laws.

not true when it comes to calls.. they can not call past nine PM.. OHIO time in this case.. if that were true and they were based in hawaii (six hours difference I believe) they call early am hours..

they may be based in cali but the call center has to call during the times the reciepiant lives in.. NOT on their time zone

what you have here is not state law.. those calls are federal violations...

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they can not call past nine PM..

Well....maybe...since they're an OC, they're not bound by that portion of the FDCPA. However, there may indeed be some state laws...or even general telephone company harassment policies that they violated.

If you want to put a stop to their calls...either pay them...or turn them in to your local phone company as harassment.

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Well....maybe...since they're an OC, they're not bound by that portion of the FDCPA. However, there may indeed be some state laws...or even general telephone company harassment policies that they violated.

If you want to put a stop to their calls...either pay them...or turn them in to your local phone company as harassment.

thanks for that info.. I thought the OC and JDB were not allowed to call past that time I didnt realize that the fed law did not apply to the OC

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