How do I stop Asset Acceptance from computer calling me on my cell phone after I beat them at trial?
“How do I stop Asset Acceptance from computer calling me on my cell phone after I beat them at trial?”
We had a question from a website visitor about Asset Acceptance, a debt buyer (debt collector), who sued the consumer and lost. But it is still calling the consumer’s cell phone, spouse’s cell phone, and even the consumer’s child’s cell phone.
To show it has no concern for the rights of the consumer, Asset Acceptance is credit reporting the account it lost
Here is how I suggest you look at this situation.
First, when you win your collection trial, this means you do not owe the debt.
So there is no reason for the collector to be calling, especially auto dialing (computer dialing) your cell phone or your family’s cell phones.
This violates the TCPA — Telephone Consumer Protection Act.
This means you normally are entitled to $500 or up to $1500 per call.
This is a law that debt collectors hate because it is so powerful. Use it to your advantage to stop debt collectors.
Second, the debt collector is violating the FDPCA (Fair Debt Collection Practices Act) by collecting a debt that it lost on in the collection trial.
When it lost the case, it can’t collect anymore. It is collecting on a debt that doesn’t exist. That means it is lying about the debt being owed (since none is owed) and it is treating you unfairly (since it is not fair to collect on a debt that is not owed).
Third, the debt collector Asset Acceptance is violating the FDCPA by continuing to report on the consumer’s credit report that the consumer owes money.
Remember the court said, when the collection case was lost by Asset, that the consumer owed NO money to the collector on this alleged debt. This means you should not have this on your credit report. If the judge said no debt is owed, how is it truthful or fair to report this? The FDCPA prohibits deceptive and unfair treatment of consumers by collectors such as Asset Acceptance.
Fourth, we always look at Alabama state law to see if the collector violated Malicious Prosecution and other laws when it filed its bogus lawsuit.
Malicious prosecution is when a suit is filed with no basis. If Asset Acceptance showed up a trial with no evidence, then it certainly appears to be a suit with no basis.
Here’s the bottom line is a collector should IMMEDIATELY go away when it loses a suit.
They shouldn’t call your cell phone with a computer dialer.
Or call you in any manner.
They shouldn’t call your family either.
Much less credit report on you.
The solution — the way to stop debt collectors like this — is to sue them in Federal Court for money damages. When they pay you damages, and pay your attorney’s fee, and pay their attorney’s fee, they start to get the message that it is not profitable to abuse consumers in Alabama.
They also realize that juries will compensate consumers. This sends a powerful message to debt collectors and discourages them from breaking the law in the future. It also keeps our community safe from abusive debt collectors…
If you live in Alabama and have questions, please feel free to get in touch with us by calling us at 205-879-2447 or contacting us through our website.
Watts & Herring, LLC
Birmingham and Madison Offices in Alabama
We represent consumers from all parts of Alabama