Can I subpoena in small claims? (RE: TCPA & Debt Collector Headache)

[x1987x]

What is the name of your state (only U.S. law)? Florida

A large online shopping site charged my closed bank account $5.95 and their e-check processor paid for the lack of funds and is trying to collect. I denied shipment and got a refund so the shopping site actually got paid but the check processor doesn't care and will continue to annoy me with calls from "unknown caller," asking me to pay them their $30 minimum collection for my $5.95 debt.

I would like to file small claims for the TCPA violations of "unknown caller." If I can I would like to subpoena my telephone company to get proof of the number of times (15+) I've been called.

1: Does a subpoena require an attorney?
2: Are there any guides, tips, samples available for subpoenas - if I can submit on my own?
3: Is the telephone company likely to provide me with what I need?

 

[Patience42]

you can suspoena people and records and you can get the proper forms at small claims claim forms on google

 

[racer72]

You are going to fail on your attempt for many reasons. The TCPA only applies to solictors, not debt collectors. The FDCPA applies to debt collectors and contacting persons by phone. The TCPA also states the proper venue for suing for violation is federal court so you can't use small claims court anyway. You will lose in 15 seconds so it won't matter which court you use.

 

[googie poo]

Racer72 is incorrect

Portions of the TCPA DO indeed apply to debt collectors. Furthermore, these cases are handled in state court. Here are some links for your review...

Untangling the TCPA | Collector | Find Articles at BNET


Private cause of action for TCPA violation may be brought in state court | Law Reporter | Find Articles at BNET

 

[racer72]

Googie brain is wrong.

Portions of the TCPA DO indeed apply to debt collectors. Furthermore, these cases are handled in state court. Here are some links for your review...

Untangling the TCPA | Collector | Find Articles at BNET


Private cause of action for TCPA violation may be brought in state court | Law Reporter | Find Articles at BNET

Upon further review, you don't have a clue. Your first link deals with the use of autocallers and their use by debt collectors, it has absolutely nothing to do with who is calling and thier number showing up on caller ID. This is covered under the FDCPA.

Your second crappy link deals with New York law, not Florida law. New York accepted the TCPA as part of their state law, at this time Florida has only accepted the portion of the law that deals with junk faxes.

 

[VinDcator]

It doesn't matter if it is an autodialer, predictive dialer, or hand dialed from another planet. A third-party collection agency is legally required to stop contacting you after being being placed on notice to cease all contact. Accordingly, and in conjunction with the FAIR DEBT COLLECTION PRACTICES ACT, Section 805—Communication in Collections, demand that they immediately cease and desist from any further contact.