Videos – Illegal Calls To Cell Phones
What is a removal of my case from state court to federal court?
What is a removal of my case from state court to federal court? This is where a state case is moved (“removed”) to federal court. So the case literally started in state court and now is transferred to federal court. That’s basically what this means. This is the right of a defendant who is sued in state court if one of two things has happened. The first situation is when there’s a federal claim involved. Let’s say you sue an… (Read more)
Can I sue my credit card company for violating the TCPA by blowing up my cell phone?
Can I sue my credit card company for violating the TCPA by blowing up my cell phone? While they would love for the answer to be “NO” as they don’t like getting sued for blowing up your phone…. The correct answer is “Yes, you can.” Absolutely. This is one of the most common type of TCPA (Telephone Consumer Protection Act) lawsuits that we file in Alabama. So much of whether you in particular can sue comes down to the question… (Read more)
Can debt collectors really violate the TCPA?
Can debt collectors really violate the TCPA? The TCPA, or Telephone Consumer Protection Act, keeps us protected (for the most part) from unwanted calls or texts. Often consumers wonder if the law applies to debt collectors who claim that a debt is owed. Absolutely. When they robo-dial your cell, or text your cell without your permission, they’re violating the TCPA. In other words, if they’re using a computer to blow up your phone, then they’re breaking the law unless you… (Read more)
Should I keep a signed copy of any letter I send to a debt collector?
Should I keep a signed copy of any letter I send to a debt collector? This is a question that comes up when we’re dealing with debt collectors. Yes, you should keep a signed copy. We want to have proof of what we’ve sent to them. In this article, we’re just talking about whether or not to keep a signed copy, not how to send it to the collector. Let’s look at a few reasons to keep a signed copy.… (Read more)
Robo calls to your new cell phone number violate the TCPA
“I just got a new cell phone number and I’m getting robo calls. Is this illegal and how do I stop these annoying calls?” This is illegal. There is a fairly straightforward way to stop this type of harassment against you and your cell phone. You know, we keep our cells with us most of the day. So to have a company blowing up your cell phone with a robo call (autodialed call or computer call) is very annoying. TCPA… (Read more)
What is a motion to enforce a settlement agreement?
“What is a motion to enforce a settlement agreement?” A motion to enforce a settlement agreement is where we are asking a court to enforce the terms of a settlement — to make the defendant do what the defendant promised when it settled. A case gets settled and sometimes we don’t have the settlement agreement already finalized. Or we do and the company we have sued wants to add terms and conditions that we never agreed to. The most common… (Read more)
How to revoke permission or consent under the TCPA to receive robo dialed calls on your cell phone
How to revoke permission or consent under the TCPA to receive robo dialed calls on your cell phone. You’ve probably heard about the TCPA (Telephone Consumer Protection Act), and how it can prevent debt collection companies or any other type of company from blowing up your phone. This covers automated text messages, automated calls, robo-dialers, and the like. As you’ve looked at this law, you’ve most likely noticed that permission (consent) is a big part of the TCPA. If they… (Read more)
Can the TCPA help me with calls that are for someone else?
“Can the TCPA help me with calls that are for someone else?” When a collection agency or credit card company or any company is using a robo-dialer to call or text you but they are trying to reach someone else, you may wonder if the TCPA (Telephone Consumer Protection Act) can help you. Yes, it can. Yes, it does cover calls and texts for someone else. It does help with collectors or others who keep calling you can asking for… (Read more)
Does the TCPA cover text messages when collectors blow up my phone?
When your phone is blowing up with unwanted phone calls and texts from collection agencies, you may wonder, “Does the TCPA cover text these collection text messages?” The short answer is yes, the TCPA covers text messages. The TCPA applies the same way that it applies to phone calls. We aren’t talking about manual calls or texts here, however. The TCPA doesn’t cover those calls. We’re talking about robo-dialers, prerecorded messages, and such. In the same way, we’re talking about… (Read more)
The Scorpion and the Frog– why do abusive companies break the law?
This is a little different from our usual posts, however, I believe this story will be beneficial to you as you deal with abusive companies. The Scorpion and the Frog This story has application to debt collectors, credit reporting agencies, car finance companies, mortgage companies, etc. Sometimes we sit and wonder, “Why do these companies do these dumb things where they’ll have to pay a lot of money after we sue them?” Read the story of the scorpion and the… (Read more)
Use the TCPA and FDCPA if debt collectors won’t stop calling
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… (Read more)
Why am I getting these automated calls from DCI for somebody else’s old cell phone bill?
“Why am I getting these automated calls from DCI for somebody else’s old cell phone bill?” I know it is frustrating to get robo or autodialed calls to your cell phone for someone else — especially the person who used to have your cell phone number. Usually the debt collector blowing up your phone is a company called DCI, but there can be other companies as well. Here’s the normal way it works Say you go to AT&T, Verizon, T-mobile,… (Read more)
Why Is the TCPA Called a Bounty Hunter Statute?
“Why Is the TCPA Called a Bounty Hunter Statute?” The TCPA (Telephone Consumer Protection Act) governs computer or robo dialed calls and text messages to your cell phone. One common complaint by the companies who violate the law and get sued is that the law is unfair — it is a “bounty hunter” statute that awards people money even when they weren’t “harmed” by the illegal calls. This is because the law says for each violation you can get $500… (Read more)
How do I stop Asset Acceptance from computer calling me on my cell phone after I beat them at trial?
“How do I stop Asset Acceptance from computer calling me on my cell phone after I beat them at trial?” We had a question from a website visitor about Asset Acceptance, a debt buyer (debt collector), who sued the consumer and lost. But it is still calling the consumer’s cell phone, spouse’s cell phone, and even the consumer’s child’s cell phone. To show it has no concern for the rights of the consumer, Asset Acceptance is credit reporting the account… (Read more)
Can A Collector Leave A Voicemail On My Cell Phone?
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?
“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)
Simple Dispute Letter To Send To Debt Collectors
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?
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
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)
How To Use The Collection Communications Log When Dealing With Debt Collectors
How To Use The Collection Communications Log When Dealing With Debt Collectors Introduction to Debt Collector Communications Log 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… (Read more)
Illegal Calls To Cell Phones Under The TCPA and FDCPA
Illegal Calls To Cell Phones Under The TCPA and FDCPA 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… (Read more)
FAQ on Calls to Cell Phones That Violate the TCPA
FAQ on Calls to Cell Phones That Violate the TCPA It is very common for calls from a creditor or debt collector to be auto dialed (computer dialed or robo dialed) or to contain a pre-recorded message (sometimes called “robocalls”). 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. “I’ve Heard About Express Consent Under The TCPA, What Does… (Read more)
How To Revoke Consent To Call Your Cell Phone With Auto Dialers Or Pre-Recorded Messages
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 (robo 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… (Read more)
FAQ About Debt Collector Harassment Which Violates The FDCPA
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 know… (Read more)