I have a CA on mulitple violations for calling my mother and discussing every minute detail of the account they are attempting to collect, including the dollar amount. They have also called her multiple times, even after I called them and told them the only number they can call me at is my number. These ****ers are going down. My question is, I live in NM and my mother lives in WA. Can I file suite here in NM for this or would it have to be in WA since that is where my mother lives and technically the violations occurred? I could really use some help here.
Seriously, I could really use any help anyone on this board has to offer regarding suing a CA in small claims court. Thanks very much in advance.
Since you are the one damaged by illegal disclosure to a third party, an FDCPA violation, I presume you would sue in your state. If your mother got tired of these calls, and after she told them not to call they continued to harass her, her action would be in her state. (I am not an attorney. The above is not legal advice. It is only my understanding of how things work.)
That's what I figure too. They discussed the details of my debt with her 3 seperate times. Do you think that counts as 3 violations? I may as well argue that it does, otherwise a CA could just do it once and then have free reign to continue discussing the debt with her.
You might also check into your own state's consumer laws. There might be differences in penalties compared to FDCPA.
