1) Save the voice mail to cassette. 2) Save the statement from your cell phone company, highlighting the call. Those are your pieces of evidence that they called, and more specifically, that they called you using a medium which required you to pay for the call.
Then what? How do you approach the CA with the ammuniation? I guess what I'm specifically asking is what violation does this fall under (I'm still searching as I wait for someone to respond) but then do you just send a letter to the CA siting the violations and demanding damages? Is there a further recourse available like the FTC and/or BBB?
Unlike a traditional land line phone, you *PAY* for every minute of your cell phone usage. Even if you don't exceed your plan's basic included minutes, you paid the plan's fee for those minutes, if you've set your rate plan based on the exact number of minutes in which you use, then an unexpected incoming phone call from a CA, which you are required to pay the charges for is making the consumer pay for the costs of the call, without disclosure of the collection purpose. § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
Thanks Jam. This incident goes back to that collector where you suggested I have the conversation I memorized notarized. (You showed me violations that included: 1. call to cell multiple times 2. causing me to make an LD w/o disclosing purpose 3. No "attempt to collect notice" in the recording while I was on hold or at any time in our convesation. and they now have added not sending the notification by 5 days following the initial contact). I am preparing a letter to send to them outlining their current violations, a demand for damages and a copy of the notarized conversation. So my question is, now that I have this all gathered, do I just mail it crrr or is there something else I need to do? Any specifics you can think of that I might miss to include in my letter? Thanks Jam!
so if they do violate this and call your cell, what's the next step? Do you send a copy of your bill to the CRA, or do you contact the violator. someone please explain because i have been called in the past on my cell and would like more info on this.
The CRA has no part in this... Essentially, how you handle the situation depends on your personal style, and the amount in question. If the amount in question is $1,000.00 or less, and you threaten to sue the CA for $1,000.00 for illegally calling you on the cell phone, or causing you to call long distance without disclosing the collection purpose, do you think that they are looking to experience a net-loss by continuing to collect? One violation is not enough to completely rest your hat on, you want to have a clear pattern of violations, which they can not legitimately argue that it was a bona fide error.
