Have you or a loved one been harassed by debt collectors? Do they call you at all times of the day, threaten you, hassle your friends and neighbors? Is your credit report incorrect and your credit agency refuses to fix it? This is illegal and you can fight back!
The Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and the Fair Credit Reporting Act (FCRA) were established to protect you from debt collectors and unlawful credit reporting.
How Does the TCPA Protect You?
The TCPA (Telephone Consumer Protection Act) prevents debt collectors from using automatic telephone dialing systems (ATDA), otherwise known as “Robo-Calling,” to call or text your cellphone. Keep in mind a debt collector can send prerecorded messages to a residential phone, if you have given them prior express written consent. Here’s what you should do when this is the case:
- Revoke consent and tell the debt collector to stop calling you (otherwise known as a Do-Not-Call request)
- Put yourself on the National Do-Not-Call Registry.
The debt collector must stop calling you once you put in this request. Once you have done this and they continue to call, the debt collector is breaking the law! You can earn compensation for each phone call they make!
What Is the FDCPA?
The Fair Debt Collection Practices Act, FDCPA, was established in 1977 as a way to “eliminate abusive debt collection practices.” It does this by regulating the way a debt collector can seek payment from consumers.
It is illegal for a debt collector or telemarketer to:
- Call before 8AM.
- Call after 9PM.
- Call a third party, such as friends, relatives and neighbors.
- Threaten to arrest, sue, or physically harm you.
- “Robo-Dial” your cellphone without your permission.
- Call your business phone.
- Continue calling although they have yet to validate your debt.
- Use misleading means in connection with your debt collection.
- Use abusive and profane language.
- Called you but did not tell you they were debt collectors.
This list is far from complete, but these are the most common laws debt collectors violate. If you have been on the receiving end of one of these calls, fill out our contact form with details about your case to receive more information.
What You Should Do
Debt collectors who call your friends, call you at work, or call using an automatic telephone dialing system are breaking the law. You can be compensated each time they call you! Do all of the following to build up your case:
- Tell them to stop calling you. You only need to do this once. The moment you do and they keep calling, you can be compensated for each call.
- Keep a log showing the time and date the debt collector called you.
- Make note of what laws they are violating. Are they calling before 8 am, after 9 pm? Write it down!
- Tell a credit agency your credit is incorrect and wait 30 days for the issue to be resolved, and then take action.
- Seek help from an attorney!
If a debt collector has been harassing you, you may file a claim against them! Wilshire Law Firm can help you.
What Does the FCRA Do for My Credit?
Bad credit can have serious consequences. This is why it’s important to fix any issues affecting your credit report. Credit agencies are, by law, supposed to help you resolve these issues in a timely manner. When it comes to your credit report, you have the following rights:
- Any time credit information is incomplete or inaccurate, you have the right to ask an agency to investigate and fix the issue.
- If their investigation shows your credit information is, in fact, inaccurate or unverifiable, they must remove or correct your information within 30 days.
- Negative information that is more than 7 years old or bankruptcies that are more than 10 years old should not be shown on your credit report.
- You must give consent before an employer can access your credit report.
Credit agencies have been known to get information wrong and, in severe cases, completely switch credit reports between two people! Anytime a credit agency violates your rights, you can be compensated.
How Wilshire Law Firm Can Help You
Wilshire Law Firm’s attorneys will help you get the compensation you deserve after suffering a debt collector’s harassing calls or the consequences of an inaccurate credit report. We have recovered millions on behalf of our clients. At Wilshire Law Firm, you pay no fees unless you win! Call today for a free consultation!