Fair Debt Collection Practices Act (FDCPA) and FLorida Consumer Protection Practices Act (FCCPA) Violations
Often times, when consumers fall behind on their obligations, creditors and debt collectors take extreme measures to further their collection efforts. This often times results in damages to the consumer. The FDCPA and FCCPA are statutes, which were enacted to level the playing field between the consumer and the collectors. The Acts allow consumers to collect damages for unfair and/or deceptive collection practices. If you are receiving collection calls and letters, you may likely have been a victim of an unfair debt collection practice.
Abusive debt collection practices may include:
- Leaving harassing messages on your phone.
- Threatening violent acts or seizure of property.
- Failing to disclose the fact that they are a debt collector.
- Calling at unreasonable hours (i.e. too early in the morning or too late at night).
- Calling you at work if your employer prohibits personal calls.
- Calling friends, family members and/or neighbors to tell them you owe a debt.
- Suing on a debt, after the time to sue has passed.
- Trying to collect on a debt that was discharged in a prior bankruptcy.
You may be entitled to $1,000.00 in damages, plus any actual losses that you have incurred as a result of a debt collector’s illegal conduct. Call today to schedule a free case evaluation.
Telephone Consumer Protection Practices Act (TCPA) Violations
Pursuant to the Telephone Consumer Protection Practices Act (TCPA), debt collectors and telemarketers are prohibited from delivering pre-recorded messages or using auto-dialers to contact consumer’s cellular phones without the consumer’s consent. The Act further prohibits telemarketers and debt collectors from sending text messages or facsimile advertisements without the consumer’s express consent. The callers’ failure to comply with these rules may result in consumers receiving unwanted and burdensome phone calls and messages.
If you are receiving phone calls on your cellular phone or text messages from debt collectors and/or telemarketers, you are maybe entitled to compensation resulting from the caller’s violation of the TCPA. Compensation can range from $500.00 to $1,500.00 per call, text message or fax.
Violations of the Act may include:
- Calls to a cellular phone initiated by an auto-dialer, unless the consumer provided prior express consent to receive such call.
- Text messages and/or facsimile messages received without express consent from the recipient.
- Pre-recorded messages delivered to a cellular phone without the prior express consent of the person called.
Call today to set up a free case evaluation, and to determine whether you are entitled to damages.