What is the Fair Debt Collection Practices Act (FDCPA)?

The Fair Debt Collection Practices Act, often referred to as the “FDCPA”, is a law designed to protect consumers against bill collectors who often harass, lie, and even threaten consumers in an effort to collect a debt when contacting them by telephone, email or mail. Under the FDCPA, a bill collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis and companies that buy delinquent debts and then try to collect them.

The FDCPA/FCCPA covers personal, family, and household debts including credit cards. It also includes home & auto loans, retail loans and medical bills.

What is the Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (TCPA) was passed by congress in 1991 in response to consumer complaints about debt collectors, telemarketers and other consumer harassment calls. The TCPA establishes laws that limit what telemarketers and other businesses (including debt collectors) can do over the phone. This includes text messages and fax communications.

Notably the TCPA restricts the use of auto dialing (robo calling) by any telemarketer or debt collector. If you have received any call with a pre-recorded message or dead air before the call is connected it is probably a violation of the TCPA.

There is no fee in your FDCPA, TCPA, OR FCCPA case unless we recover!!

It does not matter if you are a debtor; when a debt collector keeps disturbing you with calls without your permission or after you have asked them to stop, you can sue them due to consumer protection laws. According to a January 2016 Supreme Court opinion, harassment through text messages is also an offence. We stand in the gap for consumers who have suffered harassment from debt collectors. When collecting debts, debt collectors are expected to act according to the law.  However, there are many cases in which debt collectors use illegal tactics to scare or intimidate a debtor into paying. Most people endure the harassment because they are unaware of their legal rights.  You could recover up to $1,500 per call!

At Consumer Law Attorneys, we can help you recover the compensation you are due under the law from debt collectors, especially banks and many companies that indulge in the harassment of debtors with series of phone calls.

• Debt collectors should be aware that they cannot talk about your debt to just anyone. Like your friends, families, neighbors or colleagues.
• When you ask you debt collector not to call you, and they do, it is a violation and you could be awarded compensation for their neglegence.
• It is wrong for a debt collector to call you at work when they understand that it is not convenient for you and it is not allowed by your employer.
• It is okay for a debt collector to contact other people just for once when trying to locate or contact you.
• It is wrong for debt collectors to make false claims about certain rights they do not have.
• In a case where you have acquired an attorney to represent you regarding your debt, it will be unlawful for creditors to call you.

As a consumer, your rights are protected.
NOW is the time to take action.
Help is only a call away.  Contact us:

1. If you are being harassed by a debt collector who uses harsh or abusive words to force you to pay.
2. When a collector calls your phone after you have asked them not to do so.
3. When a debt collection agency calls your family, friends, employer or neighbors.
4. When a collector informs a colleague or relative about your debt.
5. When you continuously receive calls from an auto dialer.
6. When you are called by a collector at your place of work after you have asked them not to do so.
7. Any call from a creditor after you have told them not to call.  (work, home, or cell)
8. Calls before 8am or after 9pm.

These are just some of the violations often committed by unscrupulous debt collection companies.  Abusive bill collection practices can entitle you to monetary damages. We do not charge an up front fee or any out of pocket expenses if we take your case.  We get paid only if we win your case.

YOU HAVE THE RIGHT TO SUE A DEBT COLLECTOR
WHO VIOLATES THE FDCPA/FCCPA AND THE TCPA:

You can sue a debt collector within a one year period under the federal law and two years under Florida law starting from the day the law was violated. Under the Florida consumer collection practices act known as FCCPA; you are entitled to receive up to $1,000 in statutory damages. The TCPA entitles you to $500-1500 per call to your cell phone where consent to call your cell has been revoked.

You may be entitled to an even greater sum of money in situations where you have been a victim of economic or emotional harm.  Bankruptcy trustees now understand that debt collectors are becoming a problem; therefore they now know that they can bring lawsuits against creditors violating the rights of the bankruptcy debtors.

OUR LEGAL FEES:

As a consumer, the rights you have under the FCCPA and FDCPA implies that any debt collector that has violated your rights may have to pay for actual damages, your legal fees and statutory damages. Fees are only paid upon recovery and based off of a percentage for a TCPA case. For these reasons, whenever we choose to represent you in any case, you are not expected to pay any attorney’s fees except if we win your case.

IMPORTANT STEPS TO PROTECT YOUR RIGHTS:

• Take note of the time, date, and the person you speak to when asking them to stop calling your cell phone.
• Let them know that it is your cell phone they are calling and to stop calling you.
• Keep all notices and letters from collection agencies, along with the envelopes if you can.
• Certain logos which might make it known that you owe a debt are potential violations.
• It is important that you save all voice mails and phone messages (seek consent before tape recording someone because it is unlawful in Florida).
• Make sure that you keep a record of conversations and names of the bill collectors that are calling and harassing you.
• You could take a photo of the caller ID with time and date even in cases of repeated calls whether they are answered or not especially calls before 8:00 a.m. or after 9:00 p.m. because they could be additional violations.

Please feel free to call us to find out if we can help you recover statutory damages of up to $1,500 per call, it does not matter if you are the debtor.

WE OFFER A FREE CONSULTATION VIA PHONE OR IN PERSON.

We are fully equipped with helping our clients put an end to the illegal acts of abusive debt collectors.