Is it at all legal for abusive debt collectors to use Robocall?

Finding yourself in huge debt seems to be quite stressful. In order to collect debt, debt collectors often tend to be impatient and even abusive. There are debt collection agencies that often make use of latest technology to contact debtors by all possible means. Starting from telephone autodialing programs to mass mailing software, abusive debt collectors adopt various techniques to get the attention of debtors. Is there any federal law to handle this kind of scenario? The Fair Debt Collection Practices Act or FDCPA was formulated with the objective of defining and limiting various debt collection practices that can be used by debt collection agencies. To some degree, even the use of telephone calls has been restricted by this particular law.   In addition to the FDCPA, consumers have rights under the Telephone Consumer Protection Act, commonly known as the TCPA, which prohibits autodialed calls to cellular phones without permission.

Robocall is defined as computerized dialers, or auto-dialers, being widely used by debt collectors in order to make maximum number of telephone calls with minimal human involvement. According to Federal Trade Commission, debt collectors often make thousands of telephone calls per minute with the help of this new age technology. If nobody answers, then telephone number can be cycled back to the program. If someone replies, then the call automatically gets routed to a live person, usually particular agent ready to handle the debt collection call. 

Now, the question arises how the calls of abusive debt collectors can be limited through Fair Debt Collection Practices Act. In Houston, FDCPA attorney can guide you and help you in this matter. FDCPA’s Section 805 emphasizes that debt collection telephone calls can only be done after 8AM and before 9 PM. However the FDCPA highlights the fact that a debt collector violates this particular act if it calls you or engages you in long conversation continuously as well as repeatedly with the intention to abuse, irritate as well as harass you.  Although use of the robocalls is not be prohibited by the FDCPA, if program is used to call repeatedly or continuously, then debt collector may be sued for violation. The Fair Debt Collection Practices Act cannot define the exact number of telephone calls that can be treated as violation of law. However, if a consumer answers the calls, or at least maintains a call log, then the FDCPA attorney will be able to assess whether the debt collection conduct rises to the level of abuse.

Under FDCPA, the consumers are allowed to write letter to debt collection agency in order to request it to stop making calls continuously. As a consumer, you need to send this particular letter of communication to the appropriate place. For example, if third-party debt collection agency is assigned to collect the pending medical debt then a cease and desist letter should be sent to the debt collection agency and that it should contain adequate information in order to identify your debt. According to FDCPA, this kind of letter can be written by debtor, spouse of debtor and so on. If the debtor is a minor then parent or guardian is eligible to send this kind of letter.

To the extent that the debt collection calls may be considered robocalls under the Telephone Consumer Protection Act, then the consumer is entitled to simply notify the collection agency over the telephone to stop making the calls.  While a verbal request to stop calls is sufficient under the TCPA, it may not be enough under the FDCPA to rise to the level of a violation if the debt collector continues to call.  In other words, it is best to make your request in writing, usually by fax with a confirmation page, or by certified mail with a return receipt.

Are you finding it difficult to find out an experienced FDCPA attorney? Contact Karni Law Firm, P.C and Ms. Karni committed to offer diverse legal solutions that are related to debt and credit. Dana Karni is dedicated in managing lawsuits against credit reporting bureaus, abusive debt collection agencies as well as other financial organizations. For more information, it is advisable that you should visit Karni Law Firm’s official website www.texasconsumerdebt.com.

Hire Consumer Attorney to Handle Identity Theft Issue

Identity theft is one of the biggest problems that anyone can face in today’s era of massive information sharing. The burden of dealing with theft of identity and the willingness to fight back lies with the consumer who is usually the victim.  In most cases of identity theft, the victim can certainly start by taking matters into their own hands.  However, there are many instances that might require the help of a consumer attorney.

Identity theft does not just mean that someone has tried to hack into your existing accounts.Usually, many people are not even aware that they are victims of identity theft until they step out of the normal routine – for instance when trying to buy a house or refinance their home.   There are certain life goals that may prompt a consumer to pull their credit reports only to find out that there are several accounts open in their name.  In worse scenarios, a consumer may come to find out that there is a judgment taken against them, or that a bank account has been frozen because of an old judgment on an account the consumer never knew about.   In fact, identity theft often leads to a wide array of problems that are related to debt collection as well as credit reporting.

Those who have stolen your identity may have opened up credit card accounts in your first name as well as create enormous charges, thereby ruining your good credit rating.  The consequence is that it becomes extremely difficult, if not impossible to make any sort of future purchase that might require financing. Insurance agencies also make use of low credit scores in order to justify high rates and you may be denied employment or even fired from job due to incorrect information in your credit history.  Occasionally, consumers discover they are the victims of identity theft when they start to suffer harassment of abusive debt collectors.

What are probable indications of theft of identity?

 If you are a victim of identity theft, there is possibility that you will incur huge credit card debt or suffer other kinds of debt and credit issues. In order to remain alert, it is important that you be aware of possible signs that may indicate theft of your identity. For example, if unidentified credit accounts have been included on your credit report, or if you get mail or any sort of offers from per-approved credit at any other person’s name right at your workplace or even at your home, then there is possibility that you are a victim of identity theft. Other indications include the companies with whom you have not done any sort of business are highlighted on your credit report, listing of alias name or even address that you have not used at all, receiving bills, statements or any other details related to account that you never opened at any point of time and so on.

If you suspect that you are a victim of any sort of theft of identity, you have rights. Almost always, creditors and credit bureaus insist that the victims of identity theft provide a police report.  All too often, victims of identity theft find they are turned away by local police when they try to lodge their complaint.  Simply providing an affidavit, as outlined by the Federal Trade Commission, may not be enough for some creditors.   If you are the victim of identity theft and cannot seem to clear your name, you should consult a consumer attorney who can help you to learn about your rights, prepare your case and help you to fight back in the best possible way. Wish to hire one such experienced attorney? Contact Dana Karni of Karni Law Firm, P.C. She is experienced in handling lawsuits that are associated with identity theft, debt defense, auto fraud cases, lawsuits against abusive debt collectors and other consumer rights issues.

This information is provided for educational purposes only. There is no attorney-client relationship with Karni Law Firm until a contract is signed by the attorney and the client.

What To Do When You Assume A Debt Collector Has Violated Fair Debt Collection Practices Act?

All the debt collectors should strictly adhere to the terms of Fair Debt Collection Practices Act (FDCPA) when they have to collect a consumer debt from the debtors.   The FDCPA is very specific about certain things that a debt collector must do, versus things that a debt collector must not do, all in the process of collecting debt.  In fact, this particular law limits the activities of debt collector such as the appropriate time to call the debtor, the type of language that is prohibited. For instance, under FDCPA, when you request that a bill collector stop calling you at your workplace, your rights have been triggered and the collection agency must comply. Here are a few essential steps that you should consider if you think that a debt collector has violated your rights.

Maintain Records

 It is advisable that you should keep a track of all of the actions taken by a debt collector, both the legal ones, as well as the illegal ones. For instance, if a debt collector is communicating with you in writing, you should consider keeping a telephone log including as much information as possible: date, time, caller ID, name of the collector, who they are collecting for, the highlights of the conversation, and whether any offer of settlement was made. If you are being dunned for a debt that you previously paid – whether in full or in part – it would be helpful for you to be able to access old records showing that those payments had been made. Very often, the most powerful evidence of a harassing debt collection call is a recording. For more valuable suggestions, and a determination of whether you have grounds to file a lawsuit,you should get in touch with an FDCPA attorney.

Submit your complaint to the appropriate State agency

Make sure that you should submit your complaint against an abusive debt collector to the appropriate local agencies.  The very same copy of your complaint can be filed with the Attorney General and the Better Business Bureau where you reside.   The Texas Attorney General and the Better Business Bureau throughout the country are each set-up in a way that they can accept consumer complaints on its official website.

Send report to Federal Trade Commission

Although Federal Trade Commission or FTC and the Consumer Financial Protection Bureau or CFPB do not necessarily resolve each and every consumer complaint, your particular report will help build their databases.  A significant number of complaints against any collection agency may lead to thorough investigation against the deceptive practices adopted by a particular debt collector, if not a major lawsuit.

Go to the court

Your next option is to sue the debt collector in the court in order to get damages you have suffered due to illegal actions adopted by the particular debt collector.  Under the federal law, the FDCPA carries a one-year statute of limitations from the date that the violation occurred.

Need help from a consumer rights debt collection attorney? Wish to get legal assistance regarding other consumer rights? Get in touch with Karni Law Firm, P.C. Ms. Karni tackles lawsuits that are related to post judgment debt defense, credit card debt defense, lawsuits against debt collection, and auto fraud issues. 

This information is provided for educational purposes only. There is no attorney-client relationship with Karni Law Firm until a contract is signed by the attorney and the client.

This information is provided for educational purposes only. There is no attorney-client relationship with Karni Law Firm until a contract is signed by the attorney and the client.

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Effective Ways to Respond to Letters of Abusive Debt Collectors

The debt collection letters often are sent to the consumers by third party agencies that often purchase old debt from the creditors as well as other debt collection agencies. In some cases, the debt collection agency is usually hired by the creditor with the purpose of recovering delinquent debt. If you also receive such letters from your debt collection agency, it is vital that your debt should first be validated. On your part, it is vital that you should respond to these letters without any kind of delay. Here are a few important steps that you should follow to respond to the letters of your debt collector.

The first step is to write one letter to the particular debt collection agency and ask it for proof that you actually owe the debt. Popular law namely The Fair Debt Collection Practices Act or FDCPA specifies that agencies that are responsible for debt collection in Texas should provide the valid proof that the debtor actually owes a debt. In legal terms, this process is called validation.

Once this process is completed, you should immediately send the letter through certified mail as well as ask for return receipt. Getting the valid proof that the particular debt collection agency had received the letter may be beneficial for you if the case ends up in the court. Even if the debt collection agency ignores this type of letter, it is essential that the agency should validate debt legally if it wants to mention it on the credit report as well as pursue collection by all possible means.

You have to wait for at least thirty days within which debt collection agency has to send reply to the letter. If you do not get reply from the agency you should send another letter to the same agency. Make sure that you should have the copies of original statement of the account or one copy of original agreement. Although not all these documents are required to prove validation, they are helpful to show that you have incurred debt and the total amount of debt as quoted is accurate. However simple printout from original creditor fails to prove much under FDCPA. In your second letter you should not forget to include one copy of your first letter along with one copy of return receipt. Some people think you should also explain the rights that you are eligible to get under FDCPA, although it is not necessary and may work against you.  You are entitled to ask your debt collector to cease collection attempts as well as remove inaccurate details of debt from the credit report.

You should wait for at least fifteen or twenty days for the reply of this second letter. If you are unable to get validation within scheduled time period, you can then take your debt collection agency to the court. You can also consult a debt collection attorney and gather more knowledge about filing the suit and so on.

If you are searching for an attorney to handle your abusive debt collector then you must immediately contact Karni Law Firm, P.C and its attorney Dana Karni dedicated to providing multiple legal solutions. This law firm handles lawsuits against abusive debt collection, credit card debt defense, and fair credit reporting as well as other issues related to consumer rights.

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Effective Checklist for Choosing a Reliable and Qualified Consumer Attorney

If any company does not follow the warranty policies of a particular product or if any one violates the terms of Fair Credit Reporting Act (FCRA) or Fair Debt Collection Practices Act (FDCPA), it is advisable that you should consult an experienced consumer attorney immediately. Facing refusal from any company for replacing defective car under the lemon laws? Your goal is to call up an experienced attorney and seek his counsel. Make sure that you hire an attorney who is expert in consumer law and who can work hard to see that you can avail all sorts of consumer rights as well as protections that are available for you under diverse state, as well as federal laws. Here are a few steps that you should follow to find an experienced attorney for consumer rights and protection.

The first step is to check out the websites of the popular consumer attorneys as well as their law firms. Find out if the lawyers that they want to hire at all are expert in the field of consumer law that you require. Check out the relevant information such as their association with legal organizations that handle consumer issues and so on.

Once you shortlist your consumer attorney you should look out for client reviews from past consumer clients who can vouch for his or her quality service. Experienced attorneys also like to share the results their prior cases. If the attorney is unwilling to share these details you should consider immediately going for the alternative option.

The next step is to search the name of this attorney as well as the relevant law firm on the internet. Try to find out if there is any article, blog, or other types of content that the attorney has written at some point of time. Find out the types of comments that the attorney has posted in social networking sites such as Facebook, Twitter and so on.

You can also contact the local bar association or its official website to check if the particular attorney is at all active in consumer law communities. Like any debt collection attorney or any other type of lawyer, a consumer attorney too needs to create a strong footing in the relevant law field. Before you hire someone, it is vital that you investigate all these relevant issues.

The final step is to arrange a face-to-face meeting with your potential attorney and ask relevant questions before you take your final decision regarding recruitment of this particular person. Ask relevant question such as fee structure, areas of experience or expertise and so on. You can sign up agreement with your attorney only if you feel confident to avail the attorney’s service for your requirements.

 If you are searching for an experienced lawyer for consumer related issues such as debt defense, auto fraud, debt collection harassment, or credit repair cases you may contact Karni Law Firm, P.C. Its experienced consumer attorney Dana Karni has gained over a decade’s worth of experience in offering multiple legal solutions that are related to auto fraud, post judgment debt defense, issues related to credit reporting and many more.

These materials have been prepared by Karni Law Firm, P.C. for educational and informational purposes only and are not intended to be legal advice. This communication does not necessarily reflect the opinions of Dana Karni or of Karni Law Firm, P.C. or any of its attorneys, employees, or clients, and are not guaranteed to be correct, complete, or up-to-date. This site is not intended to create, and access to or receipt of information included in this site does not constitute, a lawyer-client relationship. No one should act upon this information without seeking professional counsel.

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Sue Your Debt Collector to Get Damages for FDCPA Violations

It is no more a secret that the consumers seem to be defaulting on credit card accounts in record numbers. It is also a known fact that dishonest debt collectors often adopt abusive means to collect that debt by all possible means. Indeed debt collection is a profitable industry and aggressive strategies are often used to accomplish that task of debt collection. Luckily, there is one particular law called Fair Debt Collection Practices Act that offers necessary protection to the customers who seem to be irritated in handling debt collector. In fact, FDCPA is considered to be a powerful statute that offers you necessary protection to deal with unpleasant collector.

According to FDCPA, a debt collector is prohibited from engaging or even threatening a person to adopt illegal actions while attempting to collect debt at any point of time. Illegal actions include pestering, calling relatives or even neighbors as well as talking about debt with all of them, informing the employer, frightening about wage garnishment and so on.

At any point of time, if your debt collector violates FDCPA and if you wish to sue him then you must take help of a proficient FDCPA attorney. He will offer all sorts of assistance and guide you in every possible way. Here are a few types of damages that you are able to recover when you sue the debt collector on the court.

Monetary Damages

Damages for Physical Distress

Few debtors actually suffer from physical damage due to multiple issues associated with debt collection. Problems include calls or letters of debt collectors, cardiac problems due to stress, migraine problems, and skin diseases and so on. Such health problems should be first checked by proficient doctor and then you should contact your FDCPA attorney who can take note of all these health issues. If these health issues can be connected to FDCPA violation, then you are able to recover total cost of treatment as well as other kind of damages against debt collector.

Damages for Mental Stress

Persistent telephone calls as well as letters of debt collectors cause tremendous stress and can even affect your mental health. Even you may face problems both in your personal as well as professional lives. If your debt collector calls your colleagues or even your family members then it would lead to intrusion of private life. If such thing occurs, it is important that you should discuss about the issue with your attorney. Your debt collector can even be held responsible for this type of distress.

 

Recovery of wages

You may even face problem at your workplace if your debt collector calls up frequently and disrupts your productivity and that of your colleagues. If your debt collector violates FDCPA by calling your employer, then you can ask for compensation to recover the lost wages.

 

Recovery of Wage Garnishment

If you are a victim of paycheck garnishment and if this incident leads to FDCPA violation, you are eligible to recover the fund.

In addition, statutory damage of one thousand dollars and recovery of attorney fee are the two types of vital monetary damages that are entitled for the debtors under FDCPA.

Injunctive Remedies

Besides monetary damages, the court can also cease certain activities of debt collection. Activities include preventing debt collector to call or send letters and so on. This type of remedy is called injunctive remedies.

In addition, third parties such as debtor’s family members, neighbors or anyone who is affected due to persistent calls or letters of debt collector have the privilege to sue the debt collector under FDCPA.

Are you looking for an experienced debt defense attorney? Contact Karni Law firm, P. C and proficient attorney Dana Karni who is expert in offering legal consultation that are related to auto fraud, credit card fraud defense and so on. For details you can visit the official website texasconsumerdebt.com.