Stop Unwanted Collection Calls with the TCPA

The Telephone Consumer Protection Act (47 U.S. Code § 227) is a powerful federal law to protect consumers from unwanted collection calls.  The Act was originally aimed at stopping robo calls (computer generated calls) marketing products and services to cell phones, home phones, and fax machines.  It has been expanded now to debt collection calls.

If you have not given prior consent to receive robo calls, the statute provides a penalty of $500 for each call the debt collector makes, and if the violation is willful, the court can grant $1500 per call!  Think about that... 4 willful calls in violation of the TCPA would cost the debt collector $6,000.  Sweet!

The law also applies if you have told a debt collector to stop calling you, but it continues to call.

In order to be successful in a claim under the TCPA you need to document each call robo from a debt collector.  Take a picture of your caller ID.  Save all voicemails.  And, call an attorney that practices consumer law.  Turn the tables on these debt collectors who violate the law!

www.debt-relief-law.com

(866) 279-9721

Licensed in Kentucky and Tennessee

You May be Able to Avoid Bankruptcy

If your debt is overwhelming you to the point that you are considering bankruptcy, take the time to make an appointment with a consumer law practitioner and go through your credit report thoroughly. If the bulk of your debt is credit card debt that has been charged off and sold to a debt collector, then it is likely that you have some options under the Fair Debt Collection Practices Act (FDCPA).  Many times debt collectors add interest to your account that they are not entitled to, and that is a violation of the FDCPA if they try to collect this added interest from you.

Debt collectors often try to collect on debt that is so old that it is outside the statute of limitations, meaning they can't sue you to collect.  They will try to get you to enter into an agreement to repay the debt, which basically resets the statute of limitations clock.  Certainly, it is not advisable to enter into any payment agreement with a debt collector without consulting an attorney.

One benefit of consulting an attorney for a credit report review is that you may be able to actually sue the debt collector for violations of the FDCPA.  You could collect up to $1000 in damages and often negotiate debt forgiveness along with removal of negative information on your credit report.  And, the debt collector will pay your attorney fees if the case is successful.  Our clients never owe us a fee if we take an FDCPA case.

In short, consult with an attorney to thoroughly review your credit report before going the bankruptcy route.

www.debt-relief-law.com    866-279-9721

Stop Debt Collector Calls

Debt collectors call at the most inconvenient times, it seems.  Or, they seem to call incessantly.  Sometimes the person on the other end of the call is less than polite.  All you want is to make the calls stop.  You can do that.

Debt collectors (companies collecting debt owed to another or collecting debt they have purchased from the original creditor) must stop contacting you if you tell them to stop.  Do this in writing via a letter in which you inform the debt collector to cease and desist in contacting you about the debt.  If they contact you afterwards, then they have violated the Fair Debt Collection Practices Act (FDCPA), and you can sue them for the violation.

This strategy is best applied when a debt collector is trying to collect on a time-barred debt (one that is so old the statute of limitations has expired and you can't be sued on it).  If you tell the debt collector to stop contacting you about a debt that is not time-barred, you can still be sued on the debt, but the calls will stop.

     www.debt-relief-law.com

     866-279-9721