Is it possible to sue violating collectors who refuse written not to call letters? I have written 3 letters requesting do not call on my work cell....useless! Documented calls in court with all the evidence required? Can we sue in local small claims every time they call forcing them to appear in our "back yard".File every time they call?
Small claims is probably not the place for something like this. Many judges in small claims court are not familiar with the consumer laws. If you have enough violations, file in federal court.
Small claims courts are a crap shoot. If you can, visit the one you would file in and see how it "feels." Some judges are more "expeidient" than others. You could also file in federal court which will cost $350 (or so, I can't recall) but a federal law suit is bound to get someone's attention. In either case, make sure that you have an iron-clad case prepared complete with jurisdiction, evidence, witnesses and a clear understanding of the law. Remember, it's not sufficient just to claim they ignored you, you have to show (i.e. prove) they broke a law and that as a result you are are entitled to relief. There's been some discussion on how and when you should file. Per violation, per account, etc. Most suits that I researched filed one suit for multiple violations so that seems to be the more common approach. Good luck.
Thank you for the responce.My intent for small claims was A stop the calls B.make my position know I will not roll over C make my self to be not cost effective to pursue. E use a smaller court arena to get started for confidence and small investment.. The bigger picture could be a very long term expensive case that needs to be won for all consumers.
The problem with small claims is that it can backfire and you end up with a judgment against you or something. As ccbob said, a federal suit gets their attention. They aren't going to think you're serious in small claims, they'll figure you've heard somewhere that you can sue. A federal lawsuit will definitely get their attention and make them know you're serious. But you better have your ducks in a row.
