When creditors or debt collectors are attempting to collect a past-due debt. You may receive debt collection calls and voicemails in their attempts to collect a debt. There are several rules, that must be strictly followed if the creditor or debt collector is going to comply with both state (“FCCPA”) and federal (“FDCPA”) law.
Many creditor and debt collectors use technology (i.e., computers or software) to place these debt collection calls. Automatic Telephone Dialing Systems (ATDS) and Predictive Telephone Dialing Systems (PTDS) are used to place calls repeatedly to consumers until a call is answered. This can mean that you are receiving calls dozens if not hundreds of times a month until a creditor or debt collector reaches you and secure payment. The Telephone Consumer Protection Act (“TCPA”) 47 U.S.C. Section 227, restricts telephone solicitations (i.e., telemarketing) and the use of ATDS, and PTDS from placing or making telephone calls to consumers cellular telephones, as well as the use of prerecorded voice messages, SMS text messages, and fax machines, in certain circumstances.
Under the Fair Debt Collection Practices Act (“FDCPA”), creditors are strictly prohibited from behaving in a way that can be classified as harassing. This includes calling debtors at all hours of the night, using offensive language, persistently communicating with a debtor at their place of work after being asked to desist and misrepresenting facts in any way.
If you have notified a creditor or debt collector that you have hired an attorney for representation regarding your debts, the debt collector cannot call you to collect the debt. If it does, it is violating both the FCCPA and the FDCPA. You could be entitled to up to $2,000.00 statutory damages plus reasonable attorney fees and costs. If you have suffered from the abuse of a harassing creditor, you may have rights. Have the following taken place:
- Creditor/Debt Collector has notice of attorney representation regarding the debt;
- Creditor/Debt Collector Calls your cell phone in an attempt to collect the debt and has been told not to;
- Creditor/Debt Collector uses an Automatic Telephone Dialing System,
If a creditor or debt collector leaves a voicemail on your answering machine or cell phone, never delete it! It is evidence that could assist you in proving a violation of consumer protection laws and getting potentially thousands of dollars in damages, you could be entitled to up to $1,500.00 per call. Specifically note if the call was made to your cell phone, what your cell phone number is, and why you think the call was placed using an automatic telephone dialing system, also make note of the details of when the call was received, to what phone, etc.
Revoking Consent
To revoke any consent Associated Recovery Systems or its affiliated entities have to contact you in an attempt to collect any debt owed to them, including revoking consent to use an automatic telephone dialing system to call your cellular telephone, please either:
- Tell them you have hired LAW OFFICE OF CAROL A. LAWSON, to represent you, give them our contact information and then use the Creditor Communications Log to capture information regarding debt collection calls;
- Send them a Cease & Desist Letter; or contact the creditor/debt collector and revoke consent with the creditor via their website or telephone.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]