Expert: Michael Brotherton - 11/17/2008

Question
I had a credit card with chase and now they are calling me from buffalo ny an
I live in ca, getting to the point they are leaving me messages saying what
company the are calling from and also that they are a debt collector, in Cali
they cannot say what company they are calling from and that they are a debt
collector can I sue them or just get them to stop harrassing me they call me
several times a day. I know fdcpa does not really define harrassment but can
you help me out an tell me my options I feel like I have nobody on my side.
Whatever you can tell me I will appreciate it very much

Answer
Although the FDCPA was originally written to deter abuse by third party collectors most banks and other financial institutions have adopted the FDCPA as their policy and may even be under similar state collection laws as well. Abuse can come in many ways. Continuos calls to debtors, giving private information to third parties, leaving messages on answering machines may be considered harassment in which case you may sue them.The only information they may leave is their name, the name of their company and their phone number. Any additional personal information is illegal. You may file suit and/or file a complaint with the FTC. Damages can be sought up to $1000 per occurrence.

In order to prove your case you will need to document their calls and save messages. Record date, time, and contact name and number every time they call.  If the calls are numerous you may need to seek the help of an attorney to file the suit. Seek legal counsel.

If you wish to just stop the calls you may send them a cease and desist letter by certified mail advising them to stop the calls. However, it is like slamming the door in their face and they may  attempt to file suit or take other action if you do. Your best bet is to write them and advise them of your circumstance, make a payment proposal and work it out. It is easier to catch flies with honey than vinegar.