Often times when you’re being called constantly by a debt collector, you wonder, “How do I get this to stop?”
You can use the TCPA and the FDCPA to stop collectors from calling you
Both of these laws are powerful tools to help you.
The FDCPA, or Fair Debt Collection Practices Act, orders debt collectors to treat you fairly, be honest with you, and to take care of things in a legal fashion.
You may be thinking, “That’s great with the FDCPA, but what about the TCPA? What does it do?”
The TCPA governs our cell phones.
Also known as the Telephone Consumer Protection Act, this law tells debt collectors that unless they have permission, they’re violating the law if they call your cell with a robo dialer.
That means that any time they use a robo dialer, or an automated call to you, they’re doing it illegally unless they have permission.
For every violation, they will have to pay you anywhere from $500-$1,500.
Here’s an example of how powerful the TCPA is.
We sued a company called AmSher, which is a sizable collection agency in Birmingham, Alabama.
They called our client well over 200 times after they received a letter telling them to stop.
What’s the violation?
They kept calling without permission, which violates the TCPA.
It also violates the FDCPA, because they mistreated and illegally called our client.
It’s definitely illegal to blow someone’s phone up if you don’t have permission to do so.
Even if you had permission, if that permission is revoked, it’s illegal.
Look into using the TCPA and FDCPA to make it stop
Each of these laws handles the case from different directions.
The FDCPA can give you attorney’s fees.
This motivates the debt collectors to follow the law, because if you sue them, they have to pay your attorney’s fees in addition to paying you and their lawyers. For example, our hourly rate is at least $400 so this can motivate them to do the right thing quickly.
The TCPA is is powerful, because as stated earlier, they have to pay you $500-$1,500 per call they make to you.
When you do the math, that can get expensive for them.
We’ve had cases where they called our client hundreds of times.
That’s a lot of money if there’s 200+ calls.
The FDCPA and TCPA work hand in hand very well in helping punish debt collectors.
Feel free to contact us
If you’re dealing with debt collectors blowing up your phone with continuous calls, you can call us at 1-205-879-2447.
I look forward to chatting with you.
Have a great day.