Articles – Illegal Calls To Cell Phones

I’m Nervous About Giving A Deposition — Is This Normal?

It is normal to be concerned when your deposition has been scheduled.  A deposition is when you will be questioned by lawyers and you will give your answers under oath.
As we show in the video above, however, you can break down each question that comes your way into a four part process:

Make sure you hear the question;
Make sure you understand the question;
Make sure you think about the truthful answer; and
Only answer the question asked.

Now,… (Read more)

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Overview Of TCPA For Non Consumer Lawyers

Recognizing the number of non consumer lawyers who come to this site, we wanted to give a quick overview of the law regarding what are often illegal calls to cell phones that are regulated by the Telephone Consumer Protection Act (TCPA).
Unlike the FDCPA, the TCPA applies both to original creditors and debt collectors.  While it does (rarely) regulate calls to home phones, we want to focus in on calls to cell phones.
If your client never gave permission to the… (Read more)

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Simple Letter To Send To Debt Collectors

We have talked about what to say to debt collectors when on the phone, but what about a “simple” sample letter to debt collectors? There are some very long, and I think very ineffective, letters that are floating around the internet.  Ones that demand every charge slip, etc. Keep this in mind — the debt collector’s obligation in validating a debt is pretty low.  They don’t have to give you much, if anything. But the Fair Debt Collection Practices Act… (Read more)

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Can I Get Statutory Damages Under The TCPA When I Can’t Prove Actual Damages?

Yes! That is the whole point of statutory damages actually. They are for you when you can’t prove actual damages. In other words you can’t prove you lost your job, or lost a mortgage loan, or have emotional distress.
The law, in this case the Telephone Consumer Protection Act (TCPA), says that violations of the law are a serious matter but sometimes you won’t be able to show it actually harmed you.
Why Does The Law Allow Statutory Damages Even… (Read more)

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How To Use The TCPA To Stop Auto Finance Companies From Harassing You On Your Cell Phone

If you fall behind, even by a few days, often your car loan company (GMAC, Nuvell, Ford Motor Credit, Drive Financial, etc) will call your cell phone without mercy. We have seen as many as ten calls a day.
Now, it is true that if you are behind, and if you gave GMAC or Nuvell (or whatever the car finance company is) your cell phone number then they have the right to call you with auto dialed (computer dialed) or… (Read more)

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How To Use The Collection Communications Log When Dealing With Debt Collectors

Introduction
We have often recommended that consumers who are dealing with debt collectors calling should use the “Collection Log” by our friend Pete Barry. This short article is to explain why and how to use the collection log most effectively.
One reason to use this (or something similar) is to keep all of the information about collection calls in one place. If you are like me, you have calls and things to do scattered among post-it notes. But the better… (Read more)

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Why Debt Collectors Who Leave Voicemails Are Inviting A Lawsuit

INTRODUCTION TO ILLEGAL VOICEMAILS BY COLLECTORS
Debt collectors know what the law requires. Collection agencies, debt buyers, and collection lawfirms spend lots of time and money going to seminars and workshops on how to avoid lawsuits. The best way, of course, is to not violate the Fair Debt Collection Practices Act (FDCPA) law. But despite all of their knowledge, when it comes to voicemails it seems that the collectors just can’t help themselves – they insist on leaving voicemails that… (Read more)

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Illegal Calls To Cell Phones

Can I Sue A Collector For Calling My Cell Phone?
For so many of us our cell phones are critically important. We sometimes say as long as we have our keys, wallets, and cell phones – then anything we forget can be replaced. So we always have our cell phones with us.
Collectors know this – that’s why they call our cell phones.
Is it legal for collectors to call our cell phones?
The short answer is “sometimes”.
Often times… (Read more)

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FAQ on Calls to Cell Phones

It is very common for calls from a creditor or debt collector to be auto dialed (computer dialed) or to contain a pre-recorded message. When these types of calls are made to your cell phone, the debt collector often violates the Telephone Consumer Protection Act (TCPA) which is a powerful law in your favor.
WHAT ARE AUTO DIALED CALLS?
In the past, debt collectors would call “by hand” – that is, they would dial the number personally. But given the… (Read more)

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How To Revoke Consent To Call Your Cell Phone With Auto Dialers Or Pre-Recorded Messages

We have discussed elsewhere that often times creditors and collectors illegally call our cell phones with their computer or auto-dialed calls or pre-recorded messages. In other words, not a live human being calling or leaving the message for us.
This can violate the Telephone Consumer Protection Act (TCPA), a federal law designed to stop these annoying computer (non human) calls to our cell phones.
But if we gave consent (permission) for the creditor or the collector to call our cell… (Read more)

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FAQ About Creditor Harassment

Is A Debt Collector Harassing You Illegally? 
Find Out What Your Rights Are So You Can Take Action Against Abusive Debt Collectors!
 
 We realize that dealing with debt collectors can be intimidating.  Not just because abusive collectors are intimidating but also because you may not fully understand your rights and what collectors can, and cannot, do in collecting a debt from you.
We have laid out some typical questions that we are asked by Alabama consumers who want to… (Read more)

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