Legal Question in Credit and Debt Law in California

Re: wireless contract termination

Send the collection agency a certified letter stating that you dispute the debt under the Federal Fair Debt Collection Practices Act and demand that the "validate" the debt by providing you a copy of the contract. You can find some letters by doing a google search using a phrase like "fdcpa sample dispute letter" and you can plenty of sample letters to use. Send a copy to the wireless provider too.

If they keep contacting you or refuse to give youa copy of the ocntract, contact a local attorney familar with fair debt collection laws. You might have a claim for money damages at that point.

Re: wireless contract termination

Under the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Act, you have the right to demand validation of the debt, provided that the validation request is made to the agency within 30 days of the first communication. (You can certainly request validation at any time; but if you do it within this statutory period, your rights are enhanced.) (This should have been explained to you by the agency in its first communication with you, so you might consider contacting an attorney to ascertain if the agency's initial letter to you complies with the relevant statutes).

At this point, here is what you do: contact the collection agency via telephone and ask for a copy of the contract; do not engage in any other discussion; ask for the contract; give them your fax and mailing address; ask how long it will take to get it. Then follow up with a letter that accurately confirms what was told you. Then hold their feet to the fire. DOCUMENTATION is very important.

Follow up on the date given, and if they have not provided you with the requested documents, demand that they cease Send the collection agency a certified letter stating that they are not allowed to contact you unless and until they provide you with the validation you have requested per the FDCPA and Rosenthal Act.

If they continue to contact you, you may be entitled to damages under the statute. If this is a pervasive practice with this agency and/or cellular service provider, there may be much larger damages at stake. You should consult with an attorney familiar with FDCPA and Rosenthal claims (like us).