Does the law distinguish between debtors calling cell phones and debtors calling a land line?

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Does the law distinguish between debtors calling cell phones and debtors calling a land line?

I know if they call cell without permission, you can sue them for every call. I assume this is because they are costing you minutes which costs you money. But a VOIP also costs you minutes which costs money. Can they be sued?

Asked on September 24, 2011 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Presumably, you mean "creditors" calling you without permission, not "debtors"--the debtor is the one who owes money, the creditor is the one to whom the money is owed. So if it is people whom you owe calling you, they are the creditors.

Second, are the ones calling you the actual creditors--the people, banks, or businesses to whom you owe money--or are they third-party debt collectors (i.e. collections agencies)? If it is the actual creditor, the one whom you owe money, calling you, they can do this, and you can't stop them; a creditor does not need your permission to call you.

Third, if it is a collections agency (a third-party debt collector), they cannot call you *after* you send them a written notice to stop contacing you; you have the right to make them stop contacting you (though then, if you don't pay, they can certainly sue you), but only after written notice. Look up the "Fair Debt Collections Practices Act" (FDCPA) to see your rights. Good luck.


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