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?


Asked on 5/30/07, 5:29 pm

4 Answers from Attorneys

Bryan Becker Stutz Artiano Shinoff & Holtz

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

Read more
Answered on 5/30/07, 5:47 pm
Terry A. Nelson Nelson & Lawless

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.

Read more
Answered on 5/30/07, 6:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

Read more
Answered on 5/30/07, 7:10 pm
Daniel Harrison Berger Harrison, APC

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?

Read more
Answered on 5/31/07, 12:03 am


Related Questions & Answers

More Business Law questions and answers in California