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.
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.
