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CA Keeps Calling, even after receving a C&D!


joelfreak
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I have a CA that doesn't seem to care that I sent a C&D to them. Their robotic dialer still calls me and my parents every morning at 8:30AM. How long do I have to give a CA from receiving the C&D before they have to stop calling? They received it on Tuesday, and today is Friday, and yet the calls still came in today. Also, is there a letter I should send them for violating, or do I just go and file in small claims for violating FDCA? Thanks!

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I'd send them another letter, this time an intent to sue. I'd cc your state AG's office. I'd also shop for a lawyer. Did you record any of the calls?

Forget Admin's letter. If they don't turn off the robo-calls by Monday file suit for the FDCPA violation on Tuesday. You told 'em no more calls, they got the letter and you would have given them enough time to take your number out of the robo-caller.

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Forget Flyingifr...do what Admin says.

Seriously, Flyingifr gives good advice except that he thinks that a summons is the answer to every problem...somewhat like an ex-smoker who thinks everyone should quit smoking and is willing to make that opinion very well known. :)

I do hope you have proof they received your letter and what date they received it? Assuming that's the case I would write one more letter and remind them of the law...make it an ITS is you wish but ONLY if you really intend to follow through with a lawsuit if they don't cease.

If that doesn't get their attention then whether you sent an ITS letter not your only real option is to either sue or live with the phone calls until they stop calling.

I suggest this course because I think it would be VERY DIFFICULT to get a judge to make an award based on less than three days that they've had your letter...if they've had it a week or two and you've reminded them that they are continuing to violate then you have the makings of a good lawsuit.

Also, make sure you can prove they made the calls!

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I think a suit is appropriate - however, ya gotta have proof. And an intent to sue letter shows reasonableness in court. Just the price of a stamp.

Why not make more trouble for them by turning them into the state AG's office. The violations are clear. If they get enough complaints, something may be done about them. Again, it's only the price of a stamp.

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Maybe here: § 813. Civil liability [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

I would listen to Flying but at the same time Admin has a point. Maybe, just maybe the CA has a bunch of complaints already with AG. Just might be the one that pushes them to do something about it.

Unlike Robert I do not believe that anyone has the right to call and harass using the phone or anything else. I pay for that service, not them!

Good luck,

Father

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