Does the law distinguish between debtors calling cell phones and debtors calling a land line?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does the law distinguish between debtors calling cell phones and debtors calling a land line?
I know if they call cell without permission, you can sue them for every call. I assume this is because they are costing you minutes which costs you money. But a VOIP also costs you minutes which costs money. Can they be sued?
Asked on September 24, 2011 under Bankruptcy Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Presumably, you mean "creditors" calling you without permission, not "debtors"--the debtor is the one who owes money, the creditor is the one to whom the money is owed. So if it is people whom you owe calling you, they are the creditors.
Second, are the ones calling you the actual creditors--the people, banks, or businesses to whom you owe money--or are they third-party debt collectors (i.e. collections agencies)? If it is the actual creditor, the one whom you owe money, calling you, they can do this, and you can't stop them; a creditor does not need your permission to call you.
Third, if it is a collections agency (a third-party debt collector), they cannot call you *after* you send them a written notice to stop contacing you; you have the right to make them stop contacting you (though then, if you don't pay, they can certainly sue you), but only after written notice. Look up the "Fair Debt Collections Practices Act" (FDCPA) to see your rights. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.