Legal Question in Credit and Debt Law in California

1st of all, I'm dealing with an original creditor - not a debt collection agency. The original creditor is Western Dental. They call me 2-3 times per week using an automated system that plays a recording telling me to call them to discuss my account balance. I work nights and sleep days. I've asked them to stop calling me during the day, and even gave them a time they could call. They still call while I'm asleep, waking me up each time. I've complained to the BBB, and even written a cease and desist letter.

If these people really wanted to talk to me, it seems to me they'd call during a time they know I'm awake - not while I'm asleep, and not by using an automated system that plays a recording telling me to call them. I can't disuss anything with a recording, and after being awakened after only a couple of hours of sleep, I'm not very inclined to call the toll free 800 number in the message just to be put on hold for who knows how long, to discuss something that's already been discussed several times. I've also received their recorded messages on Sundays asking me to "call immediately", but there's no one in the office to talk to on Sundays.

I'm located in carson City and received services from the Western Dental in Reno, NV, but understand their main office is in Orange, CA. It's where I sent the certified cease and desist letter to, and where I'd send any payments if I paid via check. Also, it's very odd that the recording gives a toll free number for me to call. This leads me to believe the calls must be coming from the main office in CA. If so, which state's laws would apply?

Regardless, what can I do to stop these calls? This has been going on for months and it's beginning to take it's toll on me. In fact, had they not called, I'd be asleep right now - not searching for a solution to this problem.


Asked on 4/25/10, 2:55 pm

1 Answer from Attorneys
Grenville Pridham Law Office of Grenville Pridham

You may have a cause of action under the California Rosenthal Fair Debt Collection Practices Act. Did the autodialer call home phone or cell? Can you document with phone records when the autodialer called?

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Answered on 4/30/10, 5:56 pm


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