Still Receiving Text Messages After You Requested No Contact? You May Have A Lawsuit!
As the economy continues to recover from the Great Recession, millions of Americans are still having trouble managing their debt. Anyone who is more than a few months behind on their bills is familiar with those calls that begin with “this is an attempt to collect a debt.” In fact, at this point, those words probably make you cringe.
Creditors and debt collectors are often tireless in their pursuit of your cash. To make matters worse, you can ignore these calls all day only to find your voicemail box full with collection messages.
Luckily, you have the right to make the collection efforts stop. Federal law provides a variety of protections for consumers. This legislation includes the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA).
Under the FDCPA, creditors are absolutely prohibited from harassing you or any member of your family or household. This includes discussing a debt allegedly owed by you with anyone other than you. Collectors are also forbidden from calling you (at home or on your cellphone) before 8 o’clock in the morning or after 9 o’clock at night.
In addition, debt collectors cannot threaten to have you arrested or jailed for failing to pay a debt.
Though these laws could not be more clear, they are violated every day. If you are lucky, you can catch FDCPA violations in a voicemail left by a debt collector. If you do receive a collections voicemail, make sure you save the message and review it with a qualified consumer rights attorney.
Prerecorded or automated phone calls are another popular device used by debt collectors. However, under the TCPA, collectors are not allowed to contact you using a robo-call system unless you have consented to it. Often times, lenders and their assignees will include fine print on loan applications and other lending documents authorizing the use of automated robo-calls.
Nevertheless, the FDCPA allows you to put an end to all contact with debt collectors – even if you previously provided your consent. Simply send the creditor or collector a written letter saying that you want communication to cease. Once received, the debt collector cannot contact you anymore, except in limited circumstances, like to notify you that your debt has been sold or that your account has been referred to litigation.
If you are being harassed by a debt collector or have any other issue with creditors and third party debt buyers, you need the help of an experienced debtor rights attorney—like those at Fitzgerald & Campbell, APLC—to review your case and discuss your options with you. Our attorneys have decades of experience representing clients in all types of consumer defense cases and we are here to help you!
Call us today for a free consultation at (855) 709-5788, or email us at email@example.com.