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Decided to sue collection agency for harrassment, debt not mine


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Hello,

Thanks for the GREAT site and all the info! I just now purchased your ebook on how to sue debt collectors!

History: I bought new cell phone from Alltell last Jan. From day one I have received countless phone calls from collection agencies who are looking for the previous owner of my cell phone number, a "Mr. Campbell".

I work nights and attempt to sleep days and I must keep my cell phone by my bedside cause my elderly mom is very ill, so I would politely explain that I was not their "Mr. Campbell" and would give them my name and home phone number and street address to verify who I was. Then I would suggest they call me right back on my home phone or that they could verify by using google or white pages to verify my phone and address, then I would answer and once again identify myself so they could then update their records to erase my cell phone number forever.

They would always refuse to either verify who I was by calling me back on my home phone or remove my cell number from their database....Instead they would go into a conversation attempting to get me to verify the debt and claim they could not change the contact data in their computer till the debt was satisfied.

I began using my cell phone to record these conversations where each time I would order them to cease and desist calling me and once again offer them to call me right back on my home phone to verify who I was....I would then bluetooth those recorded phone conversations to my laptop and file/save in time/date order.

Each time they refused to attempt to verify my identity and would hang up only to call me again the next day(my night).

I'm pizzed by now, right?

So ok, I just purchased the 'how to sue' book and I'm preparing my case for small claims court. I am going to sue their pants off for each and every new instance that they call in the future....I have already informed them of that in a recorded phone call....In fact, I am going to go ahead and sue for the calls to date seeing as how I already ordered them to cease and desist several times.

So please help advise me if there are any registered agents or offices located in Louisiana for "Applied Bank Card Center" so I can have them served.

Their site only lists one physical address in PA.

Also, if any here have ever had any experience with "Applied Bank Card Center"?

And no, this is NOT my debt, and NO I do not know Mr. Campbell:shock:

Thanks,

Keith

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Hi, if you are at the point of suing them, why don't you just call them and ask them for an address to send legal papers. Maybe they would go to their office in PA.

Also, please check with your local courthouse on how to serve them. I know that in NY, once you file the small claims suit the court will take responsibility for notifiying the other party.

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Fortunately you live in a state where they allow the recording of phone calls without the consent of the other party. You have definately taken the first step in building your case. Just as a suggestion why don't you contact Alltell's customer service dept. advise them of situation and ask for # to be changed, that will save you the headache and time of going through a court procedure to correct an obvious case of mistaken identity.

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Hello,

Thanks for the GREAT site and all the info! I just now purchased your ebook on how to sue debt collectors!

History: I bought new cell phone from Alltell last Jan. From day one I have received countless phone calls from collection agencies who are looking for the previous owner of my cell phone number, a "Mr. Campbell".

I work nights and attempt to sleep days and I must keep my cell phone by my bedside cause my elderly mom is very ill, so I would politely explain that I was not their "Mr. Campbell" and would give them my name and home phone number and street address to verify who I was. Then I would suggest they call me right back on my home phone or that they could verify by using google or white pages to verify my phone and address, then I would answer and once again identify myself so they could then update their records to erase my cell phone number forever.

They would always refuse to either verify who I was by calling me back on my home phone or remove my cell number from their database....Instead they would go into a conversation attempting to get me to verify the debt and claim they could not change the contact data in their computer till the debt was satisfied.

I began using my cell phone to record these conversations where each time I would order them to cease and desist calling me and once again offer them to call me right back on my home phone to verify who I was....I would then bluetooth those recorded phone conversations to my laptop and file/save in time/date order.

Each time they refused to attempt to verify my identity and would hang up only to call me again the next day(my night).

I'm pizzed by now, right?

So ok, I just purchased the 'how to sue' book and I'm preparing my case for small claims court. I am going to sue their pants off for each and every new instance that they call in the future....I have already informed them of that in a recorded phone call....In fact, I am going to go ahead and sue for the calls to date seeing as how I already ordered them to cease and desist several times.

So please help advise me if there are any registered agents or offices located in Louisiana for "Applied Bank Card Center" so I can have them served.

Their site only lists one physical address in PA.

Also, if any here have ever had any experience with "Applied Bank Card Center"?

And no, this is NOT my debt, and NO I do not know Mr. Campbell:shock:

Thanks,

Keith

Who is calling you? applied bank card? or a collection agency for Applied bank Card ? Powell Rogers and Speaks out of Pa collection --these are giant pond scums.

I had to deal with Applied bank Card. They were very reasonable and helpful.

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I finally got them to identify themself today as "Applied Card Bank"...I assumed they were CA, not OC...Thanks for telling me they are OC.

I already had to change my cell phone number the first month I had it due to inop voice mail and out of service range issue because I live out in the country and could hardly get service with first number they gave me...They had to change my number to get me 4 bars in these Louisiana woods....That caused me lots of pain and missed calls so I don't want to change my number again.

And why should I?.....If I owed the debt and wanted to hide, then sure, I'd change my number, but not this time. Screw them.

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This is a perfect example of what the Telephone Consumer Protection Act is designed for. The TCPA is a Federal Law that prohibits any person from calling a telephone number assigned to a cellular telephone with an automated telephone dialing device or an artificial or prerecorded voice.

The only exceptions to this rule are for emergencies and if you gave your express consent or for cellular telephone companies (if they do not charge for the call).

There is a private right of action in the law and you must file in state court. The penalty is minimum of $500 per call. If they knowingly or willfully violate then it is tripled to $1,500 per call.

I have dealt with Applied Card Bank before. They use an autodialer as defined in the Act. You can start by sending an ITS letter to Rocco Absinnio, the CEO along with a draft complaint that indicates all of the calls to date. It will definately get their attention.

for more info on the TCPA, it is located at 47 U.S.C. 227. The FCC regulations implimenting the Act are at 47 C.F.R.64.1200. Also, if you google Telephone Consumer Protection Act, there is some great information including the FCC Rules & Orders that interpret and discuss the Act on the FCC website.

A TCPA suit will put an end to the calls and put some cash in your pocket.

USofA

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