Legal Question in Credit and Debt Law in California

I have a mortgage for an out of state property that I can no longer pay. I am planning to do a short sale or do a deed in lieu. The bank/mortgage company keeps calling my cell phone (its my primary phone) and leaving an automated voice messaging saying, "this is XXX Bank calling with an important message, This is not a sales call. Please call back to discuss this important matter."

I haven't gotten an update from the short sale department, but their collection department keeps calling me and leaving this automated voice mail. I was wondering if this is in violation of the Telephone Consumers Protections Act. If so, I would like legal help in suing them to stop this act.


Asked on 1/28/10, 4:48 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Telephone Consumers Protections Act applies to telemarketers, not debt collection calls. Unless you've told them not to contact you, they aren't violating any laws. Furthermore, the Federal Fair Debt Collection Practices act only applies to third party debt collectors and not to the original creditor.

If you tell them to stop calling you and they persist, the California Rosenthal Fair Debt Collection Practices Act might protect you if this is a consumer debt. Loans on rental properties are generally not consumer debt. There maybe be a Colorado law the governs this conduct as well.

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Answered on 2/11/10, 3:19 pm


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