Toledo, OH asked in Consumer Law for Ohio

Q: Can I sue a car dealership for keep calling me and sending me emails trying to get payment for a car I don't have?

I told them in a phone call to take it to court and stop contacting me. They still keep calling me and sending me emails. I tried to kill myself and was taken to the mental hospital because they won't leave me alone.

Related Topics:
1 Lawyer Answer
Nicholas P. Weiss
Nicholas P. Weiss
Answered
  • Consumer Law Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: The car dealer is likely violating Ohio's Consumer Sales Practices Act (OCSPA) for calling you after you've asked them to stop. They would be liable for damages for this.

There are two main types of collection calls: 1. those from an original creditor, and 2. those from a third party debt collector. They could be identical in the harassing or deceptive nature of each, but you may not have a viable remedy if the call comes from the original collector.

In order for the FDCPA to apply to a harassing or deceptive call, it must come from a third party collector. If the call comes from the original creditor, then your only remedy may fall under the Ohio Consumer Sales Practices Act (OCSPA).

The OCSPA attempts to fill the gap left by the FDCPA with regard to original creditors; however, the OCSPA then immediately exempts most entities, such as financial institutions, that are attempting to collect debt. Thus, as a gap filler, the OCSPA has left a lot to be desired.

The following are common tactics a collector might use that normally would be considered violations of the FDCPA or OCSPA:

Using profane language,

Threatening you with physical violence if you do not pay the debt,

Threatening to call your friends and family about the debt,

Threatening to arrest you or bring a lawsuit when they either do not have the power to do so, or simply do not actually contemplate this action,

Calling you after you have demanded they cease all communication with you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.