Legal Question in Credit and Debt Law in California

Business practices

Please help me. I received a very vulgar call from my auto loan company, is there anything I can do. I said I need to speak to his supervisor, to which he replied, ''I need you to make you damn payment.'' And, he hung up on me. I tried calling back, and he just says,'' I won't pass you to my supervisor, and he hangs up. I found through ripoffreports that the same guy did the same thing, but worst to another customer. He actually started threatening her. Can you please help. What can I do?


Asked on 5/14/09, 8:54 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Business practices

First, keep a journal by the phone and write down every single conversation you have with this company. What they are doing may violate the Fair Debt Collection Practices Act, in which case you may sue them and recover monetary damages for each violation. Advise the agent that you are recording conversations at the beginning of each call, and see if you can rig something up to actually record the calls. You cannot record a conversation without first advising them of the fact that it is being recorded and obtaining their consent. If they refuse to consent, hang up on them - tell them that because of their harassment, you will no longer communicate with them by phone unless it is recorded. Can you reach a different representative by calling in? If you can reach a supervisor, you can cite specific dates and times on which these calls occured, you might get some relief, but most likely, you are going to need to sue them to put an end to this.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/15/09, 1:00 pm


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