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 purpose of the Act is to provide steps and guidelines that collection agencies must follow when trying to collect legitimate debts while providing protections and solutions for consumers. The FDCPA law passed by congress prohibits bill collectors from using abusive, unfair, or deceptive practices for the purposes of collecting a debt from you.
The Fair Debt Collection Practices Act defines a bill collector as any person who uses any method of contacting someone in any business for the principal purpose of collecting any debts. The FDCPA’s definitions of “consumers” and “debt” specifically restricts the coverage of the FDCPA to personal, family or household transactions.
It does not matter if you are a debtor, when a debt collector keeps disturbing you with calls even after you have asked them to stop, you could possibly be awarded HUNDREDS if not THOUSANDS of dollars 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, yet there are many cases of debt collectors going against the law to seek payment from debtors. Lots of people are known to take it just because they do not know 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.
There are also many other protections that you have as a consumer. Many collection organizations attempt to illegally get more revenue than is due to them from debt collection increasing the rate of harassment complaints. It is no longer news that on daily basis we hear about decent people who are being threatened by debt collectors violating the law, who are unable to pay their debts because of losing their job, unable to refinance due to bad mortgage debt.
These are just some of the violations caused by collectors 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 if we take your case. We get paid only if we win your case.
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.
WE DON’T GET PAID UNLESS WE WIN! 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.
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 $1,000 per call, it does not matter if you are the debtor.