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Any Legal action for consumers being harrased by a debt collector when there is NO debt to repay?
Boston, MA
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Posted 6 months ago in Debt Settlement
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I settled a credit card account back in Feb of 2008. The credit card company, "accidentally" sent my account to collections even though they already collected the money from me. It has gone to six different collection agencies, and each time I have to send them the letter that STATES my account has been paid and is and never was supposed to be sent to a collection agency. I have endured harrassing phone calls and had to take time out of my life to correct this mistake. In addition, my credit report has been marked horribly by this and still lingeres on my credit report. The credit card company will not return my phone calls, nor will they service my account? How do I get in contact with a lawyer who can help me? this has cause my stress, anxiety and mental anguish. Please help!
Answers (2)
Daniel S Gindes
This attorney is licensed in Massachusetts.
Posted 6 months ago.
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Yes, you do have a cause of action under both federal and state laws regulating debt collectors. I do
this kind of work regularly. 
Joshua Bradley Farmer
This attorney is licensed in North Carolina and 1 other state.
Posted 5 months ago.
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The Fair Debt Collection Practices Act (FDCPA) prohibits any third-party debt collector from misrepresenting the nature of the debt while trying to collect a consumer debt. While your post doesn't state that account is a consumer debt, I assume it probably is unless it was used for business expenses.
By attempting to collect from you for a debt already settled, they are violating the law and are subject to minimum statutory damages in addition to actual damages and attorney's fees. Your state may have similar laws to this federal law that ban similar conduct. You should seek out an attorney that handles "Consumer Law" such as a member of the National Association of Consumer Advocates (www.naca.net). You might also find some useful information from the NCLC (www.consumerlaw.org). I am only licensed to practice in NC and SC. This information is not privileged nor does it create an attorney-client relationship. It is offered to provide general education in the subject area. You should seek counsel from an attorney about the specifics of your matter. |
