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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118789
Experience:  Attorney experienced in commercial litigation.
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In October 2015 Cellular One was running a special on

Customer Question

In October 2015 Cellular One was running a special on contract phones, I called and gave them my address and they informed me I would have service so I paid $35 fee and they sent me the iPhone. I had 14 days to return the phone for a refund in which I did because I had no service, they refunded my &35 and since then I spoke to several people because I keep getting bills from them. I spoke with another approximately one month ago and she informed me that it was returned and I only have to pay a $20 restock fee. I am still being harassed by this company and have several different bills for different charges and now they called and said its in collections. I have proof that they refunded my bank and all the bills I received are all different and the names of all I spoke with. Can I sue for harassment or what can I do
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
IF you returned the phone within their return period, then your first step is you need to send them a written notice denying the debt and informing them you returned the phone within the time provided and do not owe any further money. Tell them in your letter to cease and desist all communications regarding collection of the debt other than to inform you they have rectified the matter. Also, attach any proof you have to the letter. Tell them that failure to cease collection and if they improperly report this debt will result in you suing for harassment and improper collection under both the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and you will seek damages and attorney's fees as provided under the act (up to $1000 per violation) plus file a complaint with the Federal Trade Commission as provided by the law.
You have to send them the written notice first and then if they refuse to correct the matter, you can indeed sue for harassment in violation of both the FCRA and FDCPA.