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Consumer Litigation 

 

If you are being harassed by a debt collector or attorney, it is important to know your rights! You may be entitled to up to $2,000.00 per defendant.

If you use credit cards, owe money on a personal loan, owe money to a homeowner’s association or are paying on a home mortgage, you are a “debtor.” If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a “debt collector.”

You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection.

WHAT DEBTS ARE COVERED?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts, or homeowner association dues.

WHO IS A DEBT COLLECTOR?
A debt collector is any person or entity that regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.

HOW MAY A DEBT COLLECTOR CONTACT YOU?
A debt collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector may not contact you at work if the debt collector knows that your employer disapproves of such contacts.

VALIDATING THE DEBT
Within five days after contacting you about paying a debt, the debt collector must send you a written notice that includes: (1) the name of the creditor and the amount of debt; (2) that the debt will be assumed to be valid unless disputed within 30 days; and (3) if disputed, the debt collector will verify it and send a copy of the verification or of a judgment against the consumer.  During a period when a debt is being verified, the debt collector may not attempt to obtain payment from you. If you do not receive this validation you may be entitled to up to $1,000.00!

CAN YOU STOP A DEBT COLLECTOR FROM CONTACTING YOU?
You can stop a debt collector from contacting you by writing a letter to the debt collector telling them to stop. Once the debt collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a debt collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

MAY A DEBT COLLECTOR CONTACT ANYONE ELSE ABOUT YOUR DEBT?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you have an attorney, the debt collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Debt collectors usually are prohibited from contacting such third parties more than once. In most cases, the debt collector may not tell anyone other than you and your attorney that you owe money.

WHAT TYPES OF DEBT COLLECTION PRACTICES ARE PROHIBITED?

Harassment
Debt collectors may not harass, oppress, or abuse you or any third parties they contact.

For example, debt collectors may not:

  • » use threats of violence or harm;

  • » publish a list of consumers who refuse to pay their debts (except to a credit bureau);

  • » use obscene or profane language; or

  • » repeatedly use the telephone to annoy someone.

  • » call before 8:00am or after 9:00pm

False Statements
Debt collectors may not use false or misleading statements when collecting a debt.

For example, debt collectors may not:

  • » falsely imply that they are attorneys or government representatives;

  • » falsely imply that you have committed a crime;

  • » falsely represent that they operate or work for a credit bureau;

  • » misrepresent the amount of your debt; or

  • » indicate that papers being sent to you are legal forms when they are not;

Debt Collectors May Not State That:

  • » you will be arrested if you do not pay your debt;

  • » they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or

  • » actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.

Debt Collectors May Not:

  • » give false credit information about you to anyone, including a credit bureau;

  • » send you anything that looks like an official document from a court or government agency when it is not; or

  • » use a false name.

Unfair Practices
Debt collectors may not engage in unfair practices when they try to collect a debt.

For example, debt collectors may not:

  • » collect any amount greater than your debt, unless your state law permits such a charge;

  • » deposit a post-dated check prematurely;

  • » use deception to make you accept collect calls or pay for telegrams;

  • » take or threaten to take your property unless this can be done legally; or

  • » contact you by postcard.

WHAT CAN YOU DO IF YOU BELIEVE A DEBT COLLECTOR VIOLATED THE LAW?
You have the right to sue a debt collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount of up to $1,000.00. Court costs and attorney’s fees can also be recovered.

Call an FDCPA Attorney At Desmond Law Firm for a free case evaluation.

Call Us At 772-231-9600

All FDCPA matters are handled on a contingent basis. No Recovery, No Fee.

 

TCPA – PROHIBITED ACTS

Violations of the Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991 in an attempt to protect consumers from aggressive telemarketers and debt collectors. The TCPA sets allowable guidelines for the use of auto-dialers and predictive dialers, artificial and prerecorded messages (sometimes called “robo-calls”), unsolicited faxes, and text messages.

If you have not given a person or company express permission to call your cell phone, most calls to a cell phone from a telemarketer or debt collector are made in violation of the TCPA and you, as a consumer, may be eligible to collect between $500.00 and $1,500.00 per call. Usually, the telemarketer or debt collector will make numerous calls to the cell phone which can, when multiplied by $500.00 to $1,500.00 per call, amount to a potentially significant recovery for you.

Other violations of the TCPA which may entitle you to damages are your receipt of an unsolicited fax or if you are receiving text (SMS) messages on your cellular phone. The potential damages for faxes and text messages are the same as phone calls, $500.00 to $1,500.00 per fax or text message.

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