Consumer Rights (FDCPA/TCPA)

The Fair debt collection practices act

Debt collectors have to follow rules. My job is to make sure they do. If debt collectors are calling you, I can make them stop and possibly get you paid for your trouble.

Debt collectors often do bad things. They call you when they aren’t supposed to. They threaten, harass, and annoy you. They send nasty letters. They threaten to file lawsuits based on debt that they cannot possibly sue under. They do this with impunity because most people don’t know that they can sue them for violating  the law.

Debt collectors who behave badly are usually violating the Fair Debt Collection Practices Act (or FDCPA). When a debt collector violates the FDCPA, they are statutorily liable for damages up to $1,000.00 plus any actual damages, costs, and attorney’s fees. That’s right – if a debt collector violates the FDCPA, you hire me to sue them, and we are successful, they have to pay your costs and my fees.

THE TELEPHONE CONSUMER PROTECTION ACT

If debt collectors or other businesses are calling or texting your cell phone without your permission or consent they may  be violating the Telephone Consumer Protection Act. Each phone call could be worth up to $1,500 in damages. Some companies or collection agencies will call 5 times a day for weeks at a time. The damages can add up quickly. If you are getting texts, calls, or faxes from debt collectors or other businesses, call me immediately and do not delete your call history. I might be able to help you.

CALLS TO YOUR CELL PHONE

Debt collectors and other companies violate the TCPA by calling your cell phone when they:

  1. Call your cell phone and
  2. Use one of the following:
    • A pre-recorded voice,
    • An artificial voice, or
    • An automatic dialing system (ADS)
  3. Without your prior express consent.

TEXTS TO YOUR CELL PHONE

Debt collectors and other companies violate the TCPA by texting your cell phone when they:

  1. Text your cell phone
  2. Through a computer program or some other automated means
  3. Without your express consent.

CALLS TO YOUR LANDLINE PHONE

Debt collectors and other companies violate the TCPA by calling your landline phone when they:

  1. Call your landline telephone for commercial (telemarketing) purposes
  2. Using one of the following:
    • A pre-recorded voice, or
    • An artificial voice
  3. OR any call without your express consent.

JUNK FAXES

Companies violate the TCPA by sending you junk faxes when they:

  1. Send you a commercial fax (usually an advertisement)
  2. At your personal or business fax number (including electronic faxes)
  3. Without:
    • Your express consent; or
    • A prior business relationship.