Archives for May 2017

Debt Collection Harrassment

What is Debt Collection Harassment?

While there are many ways to violate the FDCPA, some common violations involve the following actions by collectors:

  • Calling you when they are not supposed to, for example:
    • Call you before 8 a.m.
    • Call you after 9 p.m.
    • Call you at work more than once
    • Call you more than once per week
    • Call you after the collector knows you have an attorney
    • Call at times the collector knows or should know are inconvenient
    • Contact you after you asked in writing for the collector not to contact you
  • Trying to collect a debt that is not valid
  • Filing a lawsuit or threating to sue you on a time-barred debt (e.g., more than four years old in CA)
  • Threaten to sue on a debt when the collector has no intention of doing so
  • Threaten to garnish wages without explaining that the creditor must first obtain a judgment
  • Threaten arrest or the like
  • Threaten to place a lien on your property without explaining that the creditor must first obtain a judgment
  • Using deceptive statements or practices in trying to collect a debt
  • Using abusive language (e.g., profanity, yelling, threats)
  • Implying the collector is affiliated with the government, courts or law enforcement
  • Asking you to pay more than you owe
  • Trying to collect the wrong amount
  • Failing to properly identify the name and company of collector when leaving messages

Protection Under the Fair Debt Collection Practices Act

As a debtor, you have protections under the Fair Debt Collection Practices Act (FDCPA) from overly aggressive, harassing debt collectors.  If you are being harassed by collectors, it is important to know that you have rights under the FDCPA.

The Power To Fight Back

The FDCPA gives you the power to fight back against creditors who are harassing you.  If you feel you have been the victim of debt collection harassment, please contact us to learn about your legal rights and options.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

Unsolicited Email Protection

Unsolicited Email

Roughly 40 percent of all e-mail traffic in the United States is comprised of unsolicited commercial e-mail advertisements (“Spam”). The increase of Spam is a continued annoyance and Spam filters have not proven to be effective.  Accordingly, the California Legislature has declared that it is necessary that Spam is prohibited and that commercial advertising e-mails be regulated.

Unsolicited Commercial Email Advertisements Prohibited

California has made it unlawful for any person or company to send unsolicited commercial email advertisements.

The Power To Fight Back

In addition to any other available remedies, you may be entitled to bring an action against any entity that sends an unsolicited commercial email advertisement to recover either or both of actual damages and/or liquidated damages of $1,000 for each unsolicited email (up to $1 million per incident).

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

Consumer Telephone Protection

Telephone Consumer Protection Act (TCPA)

The TCPA protects debtors from creditors making certain types of unsolicited telemarketing calls, faxes, autodialed calls and prerecorded calls to cellphones. The TCPA provides remedies that include statutory damages, generally from $500 to $1,500 for each violation, which are paid to the consumer.

Examples of TCPA Protections

While the TCPA is a technical statute, some common violations of the TCPA involve telemarking and collection calls relating to the following:

  • Calls made by a company when you are on the company’s do-not-call list or the national do-not-call registry
  • Calls made using a recorded message or automated calls (“robocalls”)
  • Calls made to your residence for collection before 7 a.m. or after 9 p.m.
  • Calls made without accurate identification of company on whose behalf the call is being made

The Power To Fight Back

The TCPA gives you the power to fight back against harassing solicitors and collectors.  If you feel you have been the victim of a TCPA violation, please contact us to learn about your legal rights and options.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

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