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

Monthly Reflections

As August comes to a close, looking back over the month reveals that we once again settled over 10 FDCPA cases for our clients.  In most every case our clients received monetary damages from the debt collectors who violated the law.  And in every case our clients' debt was forgiven, negative trade lines removed from their credit reports, and the debt collectors agreed not to sell the debt.

I truly enjoy helping people who have gotten behind because of a bad break, the economy, or any number of other reasons.  We settled FDCPA cases this month for:

• Attempting collect unlawful interest and fees;
• Threatening criminal charges;
• Threatening to sue when the statute of limitations had passed;
• Suing when the statute of limitations had passed; and 
• Contacting a client after the debt collector had been informed that the client was represent by a lawyer.

We look forward to continuing the fight for consumers in the coming months.

 

    www.debt-relief-law.com

Payday Loan Scam is Alive and Well

If you are receiving threatening calls about a payday loan, please read the FBI release in link below.  DO NOT give these jackals any personal information or agree to pay them.

http://www.fbi.gov/news/pressrel/press-releases/paydayloanscam_120710

     www.debt-relief-law.com

The Statute of Limitations and Charged Off Debt

If you have been contacted by a debt collector on a debt that is past the statute of limitations, there are several ways to deal with the situation.  The statue of limitations is the time within which a lawsuit must be filed.  In Kentucky, for instance, the statute of limitations on credit card debt is 5 years from the time the last payment was made.  

There are also statutes, called borrowing statutes, that allow the borrowing of a shorter statute of limitations if that would be of benefit to the state's citizen.  For example, if your payment was to be made in Virginia where the statute of limitations on credit card debt is 3 years, then you may be able to apply that shorter statute of limitations to your charged off credit card debt.

One thing you should never do is enter into an agreement to make payments to a debt collector, particularly one in writing.  When you do this you create a new contract that is enforceable under your state's contract statute of limitations (in Kentucky 15 years for a written contract).

If your debt is outside the statute of limitations, you can tell the debt collector to stop contacting you.  If the debt collector continues to contact you, it violates the Fair Debt Collection Practices Act (FDCPA), and you can file suit to collect $1000 statutory damages.  In addition, the debt collector would have to pay your attorney fees and costs for filing the suit.

Also, if your debt is outside the statute of limitations, and the debt collector threatens to file a lawsuit to collect on the debt, it violates the FDCPA as well.  Again, you can sue the debt collector and collect $1000 statutory damages, attorney fees, and costs.

If you are dealing with a debt collector contact a lawyer.  Many will offer a free consultation and, if you have a case, take the case at no cost to you.

     www.debt-relief-law.com

     866-279-9721

Sixth Circuit Broadens FDCPA Debt Validation Requirement

In the case of Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC the Sixth Circuit Court of Appeals  gave more detailed guidance on what information debt collectors must provide when validating a debt after a debtor has requested such validation in writing.  In reaching its holding the Court said: “the verification provision must be interpreted to provide the consumer with notice of how and when the debt was originally incurred or other sufficient notice from which the consumer could sufficiently dispute the payment obligation.”


This standard goes beyond what other circuits have required.  Most have merely required that the debt collector state in writing that the amount being sought is the amount the debt collector claims is owed.  The new requirement is clearly a victory for consumers and gives consumer rights attorneys another arrow in their quiver with which to fight debt collectors.

      www.debt-relief-law.com