Find out why creditors and collection agencies hate the TCPA because of the damages you are entitled to when you get illegal calls to your cell phones.
TCPA — Damages for illegal calls to your cell phone What are the possible damages under the TCPA? We can get statutory damages if there’s an illegal call. We’ll talk about what an illegal call is, but for an illegal call that is not intentional, we can get statutory damages. That means we do not have to show that we were actually injured. In other words, we don’t have to show we lost a job or lost money. It’s almost… (Read more)
Background on TCPA law on computer dialed calls to cell phones When I present to lawyers in Alabama and nationally on the TCPA (Telephone Consumer Protection Act) I normally give a bit of background so it makes sense why the law is so strict against computer calls to cell phones. So join me on this brief background journey please. A (fax) blast from the past Those of you who are old enough will remember this. You come in the morning… (Read more)
Example of a FDCPA/TCPA lawsuit against Portfolio Recovery We represented a client who started receiving phone calls to his cell phone from the large debt collector “Portfolio Recovery Associates” out of Virginia. (Portfolio Recovery sues a hundred Alabama consumers a week but it collects against even more Alabama consumers by letter and phone calls. Let’s take a look at when one of these Alabama consumers fought back against allegedly illegal collection activities by Portfolio). When he found out the debt… (Read more)
Examples of Abusive Debt Collection Practices That Violate The FDCPA, FCRA, and TCPA Not all debt collectors are willing to break the law but many are willing to break the laws. We wanted to list a number of examples of the types of abusive debt collection practices we commonly see committed against Alabama consumers. FDCPA (Fair Debt Collection Practices Act) Violations Calling you an excessive number of times in order to harass you They’re calling your family members Creating a… (Read more)
ID Theft Victims Are Often Victimized Twice By Banks Violating TCPA With Robo Calls You’ve heard the phrase “adding insult to injury” — here is a great example. You find out to your horror that you are the victim of Identity Theft. You call the credit card company (Bank of America, Capital One, Chase, Citi, Discover, etc) and tell them what happened. They ask for your phone number and you give them your cell. Now the bank is blowing up… (Read more)
Is It Worth My Time To Sue An Abusive Debt Collector Under The FDCPA? Normally it is worth your time to sue an abusive collector under the FDCPA. But we have to ask what do we mean by “worth” your time? Worth can mean money, peace of mind, or the satisfaction of doing something good. Let’s look at these. Can The Money Awarded Be Worth Your Time Suing an Abusive Debt Collector Under the FDCPA? From a money standpoint, suing… (Read more)