How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask J.Hazelbaker Your Own Question
J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
15393114
Type Your Legal Question Here...
J.Hazelbaker is online now
A new question is answered every 9 seconds

An Advertising company is trying to make me pay for services

Customer Question

An Advertising company is trying to make me pay for services i never approved, telling me they will send my account to a 3rd party collection company if i don’t pay. i have all the proof and back up doc. to support my case.

My question is could i make the claim that if they send me to a 3rd party collection and my company name or credit is affected, they could be liable for damages due to “Deformation of creator” ? or what ?
Submitted: 5 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 5 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Yes. You could raise both a tort claim and a claim under the Fair Debt Collection Practices Act and Fair Credit Reporting Act if they were to wrongfully pursue for an improper debt.

J.Hazelbaker :

To do so, it is important that you create a paper trail.

J.Hazelbaker :

You should send a denial of the debt with copies of your documentation to the company.

J.Hazelbaker :

This should be sent via Certified Mail, Return Receipt Requested, so you can prove they received it.

J.Hazelbaker :

If you are sent to collections, you should immediately respond with a written demand to "verify" the debt.

J.Hazelbaker :

This is required under the FDCPA. Collection efforts must cease until the send you the written proof of the debt.

J.Hazelbaker :

If they don't respond or otherwise harass you for payment, you can file a complaint with the Federal Trade Commission, which enforces the FDCPA.

J.Hazelbaker :

You can also sue under FDCPA for violations. The FDCPA provides for a $1000 civil penalty payable to you and requires the collector to pay your attorney fees and court costs, if you sue and win.

J.Hazelbaker :

see

J.Hazelbaker :

www.ftc.gov

J.Hazelbaker :

and

J.Hazelbaker :

www.ftccomplaintassistant.gov

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

Thank You,

Customer:

also i live in NJ, is there a law about recording phone converation without my knowlage ? they have recording of me telling them i would pay for this services, but i also state they needed to invoice me and be paid in 2011? none of this was done so i never even thought i was in contract with them? now thay are harassing me for this payment claiming its due them. i have spent already 10 hours talking and emailing them for something i never fullly approved?

J.Hazelbaker and other Legal Specialists are ready to help you
Customer: replied 5 years ago.
not sure if you saw my addtional question
Expert:  J.Hazelbaker replied 5 years ago.

New Jersey law requires at least one party to a telephone conversation to consent to the recording. Thus, the debt collector can provide their own consent, unfortunately.

If you made the agreement contigent upon approval of an invoice and they never provided said invoice, then there is no agreement. I would make a written request for the recording they say they have and inform them they have a duty to preserve it so that it may be used as evidence in court.

Please let me know, if you have any other follow-up questions.