Legal Question in Credit and Debt Law in Indiana
Cell Phone Collection
We had cell phones with a big company. After many months of questioning/disputing these charges, and getting promises that they would look into the charges from their company representative, we decided to cancel the phones. Their rep. assured us through email communications, that the cancellation charges would be waived, they weren't. She also stated in other communications that we were in fact overbilled.
Now we have been sent to collections for the balance due on the phones. Even though I tell the collection agency that I have these ''messages'' from the rep stating we were overcharged, and that the charges would be waived for early termination, they simply tell me, ''she must have lied to you''. There was never a signed agreement on the cell phones, as we had established service with them before these phones lines. All transactions were handled via email communication or telephone calls. My question is, since I have emails from their company representative backing my claims, why is that not proof enough that this money is not owed to them? They are not willing to negotiate. The total debt is just under $1000.00. Any thoughts or suggestions would be appreciated.
2 Answers from Attorneys
Re: Cell Phone Collection
Something you may also try is contacting the Office of Utility Consumer Counselor's (OUCC)office in Indianapolis. Their local phone number is (317) 232-2494. They also have an internet site and a 1-800 phone number.
Although cell phones are not regulated per se in Indiana, the OUCC has a very committed consumer affairs department that will intervene on behalf of utility rate customers on just about anything. Often they can persuade the utility that it is not worth hassling the customer for a disputed bill. They are free and it is worth the call.
Another tact if this does not work is to dispute the amount in writing with the collection agency. Under the Fair Debt Collections Practices Act (FDCPA), collection agencies have to meet certain compliance standards in collecting consumer debts, which this appears to be. In addition to responding on the disputed debt, they also are restricted in doing certain things, such as berating or swearing at you over the phone, calling late at night or early in the morning, and continuing to contact you once you tell them to stop, etc. If the OUCC cannot get them to lay off, then I would see an attorney who is well versed in the FDCPA.
Re: Cell Phone Collection
If you have done all that you can do in trying to settle the matter with them, then you should either seek the assitance of a consumer law attorney or sue them in small claims court and make sure you have all documentation to back up your claim.
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