Legal Question in Business Law in California
Unfair billing
I keep getting phone calls from this company about 5-8 a day demanding money. I make arrangements with one person and the next person I talk to says I never spoke with anyone calling me a liar and that I need to make a payment Now! I spoke with a supervisor and he asked if I had any proof of this happening then pretty much said oh well... Is there anything I can do about this?
4 Answers from Attorneys
Re: Unfair billing
Yes. It sounds as though you are being harassed in violation of state and federal debt collection statutes. Document every interaction you have with this company.
I would be willing to discuss some of the issues concerning your experience to see how I may be of assistance.
I offer prospective clients an initial consultation of 30 minutes for free.
I look forward to speaking with you.
Yours truly,
Bryan
Bryan C. Becker, Esq.
Principal
Law Office of Bryan C. Becker
The Koll Center
501 W. Broadway, Suite 800
San Diego, CA 92101
Toll Free: 877*201*8728
Direct: 619*400*4929
Fax: 619*400*4810
Member, National Association of Consumer Advocates
www.naca.net
Re: Unfair billing
Next time they call, remind them firmly that they are violating the federal and state debt collection laws by their calls and their behavior towards you, and that if it continues, you will take legal action that will result in substantial financial penalties and sanctions against them [all of which is true and available to you]. Pay what you actually owe, keep a proof of payments and demand they correct their records to reflect proper balance. If you dispute their claimed balance, they are obligated to stop collection until they verify.
Re: Unfair billing
Another approach is to have a lawyer contact them (in writing) and advise that you are represented by counsel with respect to this alleged debt and that all further communications should be sent to (the attorney) in writing. This approach is recommended only if the debt is genuinely disputed, however.
Re: Unfair billing
If it's a collection company, they are likely in violation of the Federal and California Fair Debt Collection Practices Act. Is it?
Related Questions & Answers
-
Franchise Agreement Purchased Real Estate Franchise. Asked that frranchise be... Asked 5/30/07, 5:14 pm in United States California Business Law