I made the huge mistake of taking out an online payday loan 3 years ago. The company is owned by an Indian tribe in the U.S. and is located on tribal land. I defaulted. Still can’t pay it as my income is very limited due to disability.
After they started collections, using their in-house staff, I sent a cease and desist letter and request for verification by certified mail, return receipt.
They refuse to stop calling and have called me almost every day for the past three years (robocalls to cell phone). I filed a BBB complaint and an FTC complaint.
Their position is that since they are on tribal land, the federal Fair Debt Collection Practices Act does not apply to them, and they can do whatever they want.
They have also called me at work. I changed my phone number, and they somehow got the new one. I blocked all the numbers they call from, but somehow they still call from those numbers and get past my call blocking.
How do I make the calls stop? Are they correct? Are they allowed to ignore the FDCPA because of being on tribal land? If they should have stopped calling, can I sue them? It would have to be an attorney who works on contingency, as I have no money to pay for one up front.
The Federal Trade Commission does not agree with their position. See Native American Tribal Indian Payday Loans Found to Be Operating Illegally
You can certainly find a FDCPA attorney, you can use this link, and some of them may take the issue on contingency.
But keep in mind, the underlying issue is you took out the debt and you still owe it.
Do you have other debts as well or is this the only one?
Please post your responses and follow-up messages to me on this in the comments section below.