Aug 21

Stop Robocalls About Wrongful Debt

How To Legally Stop Robocalls About Wrongful Debt

 

Are you constantly receiving harassing phone calls from people who are trying to collect money from you that you do not owe? This can be very frustrating especially if you have tried in vain to convince these creditors they are calling the wrong person. However, the Telephone-Consumer Protection Act allows you to fight back and legally stop these Robocalls about wrongful debt.

Stop RobocallsWHY YOU MAY RECEIVE WRONGFUL CALLS

Creditors may continue calling even after you explain everything to them as they are convinced you are their debtors. These calls may originate from mistaken identity confusion, fraud or an error by the company. However, most these calls begin when phone numbers are changed whereby people change their numbers and carriers with no notice. Carriers may then issue the previous numbers to fresh subscribers. This implies that the new subscribers will continue receiving calls from the former subscriber’s contacts, including the creditors.

The only legal way of stopping these calls is through the TCPA.

THE TCPA

The act was passed in 1991 by the US congress and signed into law by the then president George W. Bush. This law amended the communication act enacted in 1934. This act restricts telemarketing (telephone solicitations) and use of any automated telephone machines, artificial/ prerecorded voice messages, automatic dialing systems and SMS.

GENERAL PROVISIONS OF THE TCPA

  • The act prohibits solicitors from making cals to any residence before 8 am and after 9 am local time.
  • The solicitors are also required to maintain a company specific DO NOT CALL’ list (DNC) of all customers who do not wish to be called. This list have to be honored for 5 years.
  • The act also requires solicitors to respect the National DNC registry. This registry was prepared in 2003.
  • Under the act, the solicitor must provide his/her name, the full names of the entity or person the solicitor is calling on behalf of, and the address and phone number through which the person/entity can be contacted.
  • Prohibits any call for which the subscriber is charged for. Any call made from an automated telephone machine or an artificial/ pre-recorded voice to any emergency line are also prohibited under the TCPA.
  • Prohibits auto-dialed calls that engage 2 or more telephone lines of any multi-line business.
  • Prohibits unsolicited-advertising faxes.

If the TCPA is violated, the subscriber can sue for up-to $ 1,500 per violation or for any service that the subscriber is charged for. The subscriber may also seek an injuction.

Exemptions exists if the call are for an emergency, are informational or political.

It is also important to know that not all states have passed the TCPA. It is therefore very important to consult an attorney or research from the internet and find out whether your state has enacted the law.

Most people are unaware that they can use the law to stop these nagging robocalls about wrongful debts. This is especially after you have tried more amicable ways without success. It is your right to live peacefully without disturbances from some fake creditors. You are protected under the telephone-consumer protection act and all you have to do is contact your attorney today.

 

 

 

 

Aug 06

Wrongful Debt Collection FAQ’s

Wrongful Debt Collection Frequently Asked Questions

Wrongful debt collection puts severe stress on the debtor. If you are facing this situation then it is important to know your rights. The debt collector cannot harass or threaten you. Following FAQs will help you handle this type of problem in a proper way.

Can a debt collector be stopped from contacting me?

Yes, it is possible for you to stop receiving such calls with immediate effect. Just write or fax a letter telling the debt collection agency to stop making such calls. While this will force the agency to stop contacting you, your debt remains in effect. The collection agency or the creditor has every right to pursue the debt collection efforts by other means that includes suing you for unpaid debts.

Can debt collecting agency call at my place of work?

Yes, the agency can call at your office or workplace. However, once you have told them through letter or phone to not inquire about you at your workplace then they will not make any call there.

Can the debt collecting agency contact people known to me?

The debt collector can contact people known to you but only for collecting information related to your employment and for verification of your contact information. The agency cannot call them if you have hired a debt relief attorney. Your legal representative will immediately inform the debt collector to stop making any such calls. From then onwards, the agency will contact your lawyer and not you for any issue related to the collection of your debt.

What to do if a debt collector continues to harass me even after these steps are taken?

Start documenting all communications and calls received from the agency. Keep record of emails, letters and messages left by the debt collecting agency. Use a phone with voice recording feature to receive calls. Keep record of calls with date and time. Consult a wrongful debt collection lawyer to learn your legal recourse.

Does a large amount debt make a difference?

No, it does not matter how much you owe to a creditor, your rights as a borrower remains same irrespective of the amount of debt you owe.

Is it possible to dispute a debt?

At any time you are free to dispute your debt. If your debt is reported to a credit rating agency after you have disputed it then the debt collector has to list the issue with “disputed” mark attached to it.

What should I do if I am sued by a debt collector?

Once you receive the receipt of the lawsuit then many deadlines start. You should file your reply in the court properly and within the specified time limit.

What should I do if I lose at trial?

You can file the appeal but it must be done within the time limit. You may have to give a bond if you decide to appeal.

How do I fight if I am sued?

It is important to consult a wrongful debt collection attorney immediately. You should understand that the lawsuit is also used as a bullying tactic to intimidate the debtor into paying. You should immediately consult a lawyer who specializes in this field and has experience handling such cases. Call a wrongful debt collection lawyer now to learn all options available to you.

Jun 03

Harassing Phone Calls

How to Take Action After Receiving Harassing Phone Calls for Wrongful Debt

Are you receiving ongoing harassing phone calls from creditors trying to collect money that you don’t owe? Does the company continue to call even after you’ve stated you are not the person they are looking for? If so, you may be eligible to file a lawsuit against the company that is harassing you.  The Telephone Consumer Protection Act (TCPA) was established to put certain restrictions on telemarketing, auto-dialing, and robo-calling companies. The TCPA allows anyone who has been receiving wrongfully harassing phone calls to file lawsuits. If you’ve been affected, you may be eligible to receive a settlement from the company who has done this to you.

According to the Federal Trade Commission, there were over 100,000 complaints made against debt collectors in 2009. This number continues to rise ever year. After learning of this report, it is no wonder that the lawsuits against these companies have begun to mount; in fact several Class Action Lawsuits are beginning pretrial litigation. Harassing phone calls could entitle you anywhere from $500-$1500 compensation per call.

harassing phone callsWhy Are You Receiving Harassing Phone Calls?

Explaining your case to a debt collector pertaining to money that you don’t owe can be challenging and frustrating. The calls may continue, even after you’ve explained your stance multiple times. Why did you begin to receive these calls in the first place? The calls may have begun as a result of identity fraud, an error by the company or a mistaken identity mix up. In most cases, however, the harassing phone calls began because of a change in phone numbers.

These days, many people opt for “pay as you go” phones. They may switch from one cell phone service provider to another, usually acquiring a new number with each new phone carrier. The phone numbers that are no longer in use are then recycled and issued to new customers. The previous line owner may have neglected to update certain sources of their new contact information, which could lead to the new owner receiving the former owner’s calls. In instances where you receive harassing phone calls regarding someone else’s debt, the TCPA can work for you.

What You Can Do To Stop Harassing Phone Calls for Wrongful Debt

The Better Business Bureau recommends contacting the company for written proof of the debt to ensure it is alegitimate debt collector and not someone attempting to commit identity theft or fraud. You will then want to confirm with them that you do not owe the debt, and ask them to stop contacting you. It is a federal law that once you have told the debt collection agency to cease contact with you, they are no longer allowed to pursue you. If they continue, it is time to take legal action against the harassing phone call perpetrators.  You will want to seek out an experienced attorney.

Seeking An Attorney For Your Wrongful Debt Case

If you have been receiving ongoing harassing phone calls from finance companies, banks, or collection agencies for debt that is not your own, you may have a strong case against the calling company. An attorney experienced with technology based litigation cases will advise you on the right course of action for your specific claim. Do not hesitate to contact our attorneys today for a free case review. It takes only a few short steps to determine if you are eligible to receive a settlement. Depending on the volume of calls you received from the collector, you may may be entitled to compensation for the frustration that was caused to you. If you received harassing phone calls for wrongful debt, call us now!

Jun 03

Telephone Consumer Protection Act

Violations of the Telephone Consumer Protection Act

The Telephone Consumer Protection Act has been amended to protect the consumer from harassment by debt collectors and solicitors. Sometimes these debt collectors call the wrong number and end up causing emotional distress in people who know nothing about the debt in question. Well, there is legal help against such companies. A class action suit will adequately address the complaints of thousands of citizens who feel that they have been harassed by these debt collecting companies.

Our law firm is capable of representing you in court. If you feel that your civil rights have been interfered with by these companies, you need to contact us as soon as possible so that we can bring your grievances to court. You do not need to live in fear that a certain company will mistake you for someone else and auction your property.

telephone consumer protection actProvisions of the Telephone Consumer Protection Act

The Telephone Consumer Protection Act was in 1991 passed by the Congress. It was passed to tone down the telemarketers who would bother subscribers and also create spam calls to uninterested persons. George W. Bush, once a serving president of the U.S. signed the Telephone Consumer Protection Act into law.

The law provides for when to call, how to call and who not to call. It also has a clause that prohibits advertising through the telephone to residential numbers and place automated calls to potential clients in a business.

Other provisions in the act state that the solicitors should not contact any person without prior consent. Failure to adhere to these stipulations qualifies a subscriber to sue the company for monetary compensation or initiate the process of an injunction on the company.

Lawsuits Arising from the TCPA Act

A subscriber is free to file a complaint if he or she feels that the Telephone Consumer Protection Act has been violated by a solicitor. By seeking legal representation from our legal firm, you are talking to experts with experience in handling these kinds of cases. An attorney will evaluate your case and see if it can hold in court. If any violation has been done by solicitors, then a class action suit will be filed by our law firm and you will join many other subscribers who feel that their rights have been violated.

The Telephone Consumer Protection Act was put in place to protect the public against harassment by solicitors. Sometimes debt collectors can get into the nerves of people who have nothing to do with them. Sometimes, because of negligence, these parties call wrong people with threats because a debt payment has been defaulted. Such calls can be rattling to people who have no dealings with the debt in question.

Databases should be kept up to date by the solicitors to avoid harassing the wrong people. Numbers should be double checked and the correct format should be used in reaching a client. Failure to follow the laid down rules results in violation of laws.

In the past, debt collectors would call a debtor and coerce the person into paying up. Today, the Telephone Consumer Protection Act has established a calling mechanism that stipulates the rules of calling and solicitation.Calling the wrong person can result in a lawsuit suing the company or an injunction whichever is valued higher, in monetary terms.

Course of Action in the Event of TCPA Act Violation

If you feel that your rights have been violated by a solicitor, you have a right to sue that company. Debt collectors can be a nuisance especially when you receive numerous calls in a month. This is just a scenario of a harassed client or worse still, calls to a wrong number. The solicitation should not feel like a threat to anyone. Even if you are the debtor, you should feel compelled to meet your bills but not feel threatened. It becomes a legal affair when you are not the debtor and the solicitor is being rough with you on the phone. Some solicitors are out to harass people. The good news is that you can sue in a lawsuit. The law is on your side.

 Class Action for Violations of the Telephone Consumer Protection Act?

Class action suits differ from individual lawsuits in two ways: here, the clients do not have the privilege of having independent attorneys to represent their case. Attorneys are usually appointed for this task and it is usually the attorneys who first filed the suit that represent such cases.

Another way that class action suit differs from individual litigation is the compensation. While class action lawsuits may have a set range or compensation, individual litigations seek to challenge such limits and get higher compensation values. You should remember that these “compensation limits” are usually not stipulated in the law. In the case of the Telephone Consumer Protection Act violation, the set amounts cannot be challenged. They are part of the law. This is why a class action lawsuit would be a good course of action for several plaintiffs.

Talk to us today if you need more information regarding the Telephone Consumer Protection Act. We have the expertise in handling such cases that involve violations of the Telephone Consumer Protection Act and we oversee the class action lawsuit at the moment. We encourage you to sue if you feel that you have been harassed by a attorney.

Contact us or fill our online form. It is simple, you just leave your name and contact information and we will call you back. We respect your privacy and we will not share your contact information with third parties. You can also call us directly on our number 1-800 on the webpage and we will respond to your questions on the phone. You can also visit our offices if you are nearby. Be informed about the Telephone Consumer Protection Act today.

Jun 03

Wrongful Debt

What You Should Do If a Debt Collector calls you about a Wrongful Debt

Statistical figures show that there are over 100 000 complaints to the federal agency about debt collectors every year. Debt collectors are known to operate like robots. It is difficult therefore to explain to debt collectors that it is a wrongful debt. They will normally not listen to you or will simply stay adamant and bent on executing their debt collection mission. This is not surprising though, they are out to make a buck out of every debt collection mission. Any explanations are perceived to be obstacles they must overcome, wrong debt collection notwithstanding.

It has been established that the supposed wrongful debt collection is often a deliberate fraudulent attack on people’s property. Although a very small percentage could be genuine mistaken identity cases, many take advantage of the possibility of such confusion occurring to collect wrongful debt. You should be proactive and take appropriate legal measures to forestall such an eventuality or at the very least, prosecute the perpetrators altogether.

The other possible reason for an increased number of reports about wrongful debt collection is the continued reselling of people’s debt to different debt collection agencies. This results in consumers making the same complaint every year. Whichever is the case, the fact is that the cases are on the increase.

wrongful debt collectionReasons for Wrongful Debt Collection Encounters

You may be pursued for debts you don’t owe because of a myriad of reasons. Some of the causes are purely accidental and incidental but others could be as a result of your carelessness. Indeed, often, the debt collector may also have got their details wrong. This scenario is common where people have inherited contact such astelephone numbers and postal addresses fro the actual debtors. It may happen unknowingly or knowingly. It is also possible to be pursued for wrongful debt if you fall victim of paying a debt without proper documentation to show that the debt was actually paid. This kind of scenario is commonly referred to as zombie debt.

On the other hand wrongful debt may be as a result of the antics of thieves who are out to seek your identity in order to commit crimes such as bank account hacking. They may masquerade as debt collectors to gather such information as your social security number, bank account details and credit card information.

Tips To Stop Wrongful Debt Collection

You should request for a written proof of the existence of the debt under contention. A genuine debt collection firm must provide you with a validation notice within five days of their contacting you. You can seek information about the possibility of wrongful debt by sending a written request to the debt collector within 30 days of receiving the validation notice. If the debt collector is a thief, you will stop them at this point. Check with the BBB to ascertain that you are dealing with a genuine debt collector. Once you confirm that you really don’t owe the debt, tell off the debt collector and ask them not to contact you again.

Ensure that you correct the debt error by reporting to the National Credit Reporting Agency. File a complaint and attach all the relevant proof including important documents related to your case and the company that provided the information to the credit reporting agency.