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)
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)
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)
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)
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)
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)
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)
With their office in Birmingham, Alabama, the lawyers at Watts Law Group P.C. & M. Stan Herring P.C. represent consumers who are victims of creditor harassment and unfair debt collection practices.
For information about our services and our commitment to our clients, please visit our Firm Overview page.
Creditor Harassment and the Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) requires that debt collectors treat you fairly and prohibits certain methods of debt collection. The FDCPA… (Read more)
In the bag of cheap tricks, this is one of the worst ones that debt collectors or debt buyers or collection agencies use which violates the Fair Debt Collection Practices Act (FDCPA). In the collection business this is known as a “block party”. Please let us know if you would like our free book “How To Stop Abusive Debt Collectors”.
What Is A Block Party?
The expression “block party” normally brings an image to mind of friendly neighbors gathered together… (Read more)
What Is An Office Party?
Calling your work or office is yet another abusive tactic debt collectors use to attempt to shame or embarrass someone into paying a debt. This tactic is similar to the “block party” tactic also discussed on this website and is called an “office party.” This violates the Fair Debt Collection Practices Act (FDCPA) and falls under the general category of “creditor harassment” or debt collector harassment. To learn more about this type of illegal behavior… (Read more)
QUESTIONS AND ANSWERS ON DEBT COLLECTION HARASSMENT
LAWYER FEES
Q. How much does it cost to talk to you about my situation where I think I’m being harassed by a debt collector?
A. Nothing. We always are happy to talk and meet with you to go over your particular situation so that we can help you understand what your options and choices are in dealing with debt collectors.
WHAT IF I OWE THE MONEY?
Q. I’m pretty sure I owe… (Read more)