Debt collection today is an aggressive, computerized, high-profit business, with you, the middle class consumer, as its target. Also out to get you is a credit industry that poses as debt and credit counseling but really just wants to sell you more debt. There are ways to fight back. In 2008, the Federal Trade Commission, the nation’s consumer protection agency, received more than 78,000 complaints against third-party debt collectors, 8,000 more than in 2007, and early numbers for 2009 indicate the growth will double. While the FTC gets the bulk of consumer complaints, today more consumers are fighting back with their own lawsuits than ever before. In 2009, nearly 10,000 cases under FDCPA, FCRA or TCPA statutes were filed around the country, mostly in federal courts. That’s a 50 percent increase from 2008, and an 83 percent growth from 2007
The Fair Debt Collection Act
Has your telephone become your enemy? Bill collectors assume you are ignorant, but if you know how they work and how they think, you can take control and get that nuisance promptly off your back. We can guide you, including explaining how you can sue the debt collectors if necessary.
Collection agencies, third party debt collectors, and junk debt buyers routinely use abusive tactics to collect on their accounts. Many of the people who work at these collection agencies are ex-convicts. Their tactics are not only annoying, but often intimidating and dehumanizing. The debt collection industry is relentless. Often calling people who never owed the debt in the first place. However, Congress made it clear that consumers, even people who owe money, must be treated honestly and with dignity. That is why Congress passed the FDCPA and why Texas passed it’s version, the Texas Debt Collection Act (TDCA); to give you the personal ability to punish and stop abusive debt collectors who have violated the law.
What the FDCPA means to you:
Despite the TDCA and the FDCPA, harassment and abuse still occur. The debt collection industry is well aware of the limits imposed by the FDCPA, but they choose to ignore it in order to collect a higher percentage of bad debt. A lawyer experienced in this area of the law can force a debt collection agency or debt buyer to pay you a statutory penalty every time they violate the FDCPA.
Why Pursue FDCPA with an Attorney?
If a debt buyer or collector fails to follow the specific requirements imposed by the FDCPA, you may be automatically entitled to monetary damages. If you believe that you may have been the victim of an FDCPA violation or any harassment or abuse, contact the Law Offices of Michael Sices, PC for more information and a free consultation.
I pursue collection agencies, third party debt collectors, and junk debt buyers for violations of consumer protection statutes. Consumer protection statutes provide monetary damages and attorneys fees, so you pay nothing unless I collect. If you have been harassed or your privacy has been invaded by a debt collector, I offer a free initial consultation; you will pay no fees or costs unless I collect.
Fair Debt Collection: Harassing or intimidating debt collection can lead to: 1. Invasion of Privacy, 2. Loss of Job, 2. Marital Problems, or 4. Bankruptcy. To prevent these problems, Congress enacted the Fair Debt Collection Pracices Act (FDCPA), the Telephone Consumer Protection Act (TCPA) and Texas enacted the Texas Debt Collection Act (TDCA). These laws are very powerful consumer protections that give each person a private “right of action” against debt collectors. These laws state that it is illegal for any debt collector to use a method that is:
- Unfair
- Untrue
- Undignified, or;
- Disrespectful
Any of the following are prohibited debt collection tactics:
- Using threats or obscene or profane language or any conduct to harass, oppress, or abuse
- Making false statements
- Attempting to collect additional fees or expenses that are not authorized by the agreement
- Threatening to falsely accuse you of any crime or that nonpayment will result in the repossession or sale of your property
- Any calls to your work or to neighbors or 3rd parties
- calls before 8 a.m. or after 9 p.m.
- Repeated calls or “Robo-calling” is a violation of both the FDCPA and the TCPA
- Any attempts to collect a debt that has been discharged in bankruptcy
THE BENEFITS OF FILING AN FDCPA CASE WITH OUR FIRM:
Most people don’t want to sue and think it is bad to sue. However, the TDCA and the FDCPA specifically create a private right of action for consumers. That means that the only way to stop unfair debt collectors is to penalize them in a private action. For every violation you may be entitled to:
- Statutory damages
- Actual damages, if provable
- A Free lawyer (you will pay no fees or costs unless I collect)
- Your Costs paid (you will pay no fees or costs unless I collect)
