Can A Collector Leave Collection Call Voicemails On My Cell Phone?
Debt collectors primarily use the phone to collect debts.
Many of us only have cell phones so debt collectors call our cell phones.
Is it legal for debt collectors to leave a voicemail on our cell phones?
Sometimes it is but often it is illegal.
The Fair Debt Collection Practices Act (FDCPA) prohibits various types of illegal collection activities.
Listen carefully in the voicemail for any threats and also… (Read more)
“I’m Nervous About Giving A Deposition — Is This Normal?”
Yes, it is normal to be concerned when your deposition has been scheduled.
Let’s first talk about what a deposition is and then we’ll talk about what to do in one.
If you are even thinking about one, it means you are in a lawsuit. Or you are about to be in a lawsuit.
What is a deposition?
A deposition is when you will be questioned by the lawyers on… (Read more)
Overview Of TCPA For Non Consumer Lawyers.
We recognize the number of non consumer lawyers who come to this site.
Because of this, 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… (Read more)
Simple Dispute 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.
But used properly, the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) do give us some useful tools to help collectors understand that should not abuse… (Read more)
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… (Read more)
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… (Read more)