Are you aware that there are federal and state laws that collection agencies must follow regarding collections calls to you? For example, have you heard horror stories of family members being harassed for a loved one’s defaulted loans? Or how about calls to one’s place of work to try to collect money. How embarrassing, right? (And potentially illegal.)
The most notable rule that the FDCPA and FCRA have against collection agencies is that they are no longer allowed to contact you regarding these debts once you have hired an attorney on your behalf.
Protecting Yourself from Collections Calls
The Fair Debt Collection Practices Act (FDCPA) is an act that was put in place to limit the behaviors of the agents making collections calls to you. Prior t0 2010 when this law was amended, collection agencies were allowed to get away with far worse.
The problem is that not many people are aware of the laws within this act. Many who are receiving collections calls are already worried about how they can pay their bills and keep their creditworthiness to a reasonable level. What so many don’t realize is that they have help in the form of the FDCPA and as experienced attorneys in the field, we can help you navigate your way to less collections calls.
Our services range from consultation calls to give you a blueprint of what you should do in your situation to full-service help with your entire situation. But we go farther than that. If we’ve helped you come to a settlement with these companies to get you back on track, it doesn’t mean they’re out of the water.
If these collection agencies have violated any of the laws put in place to protect you, the consumer, we’ll go after them for you.
When Is It Possible to Sue A Debt Collector?
Did you know that you can sue a collection agency simply for the number of collections calls they have made to you over the weeks, months, or even years? While they are legally allowed to contact you under certain provisions, many of these agencies are contacting individuals unethically. If this happens to you, we will help you receive a reward for damages.
In Florida, there is a two-year statute of limitations on cases and a one-year statute of limitations on federal cases. This means that in Florida, you have two years from the date the violation took place to sue, and one year from the date for federal cases.
Are you within this time frame? Call us today before it’s too late. In the meantime, protect yourself by using the following steps:
- Make a written note of when the violation took place. Make sure you get the name and company information
- Save voicemails and texts, but do not attempt to record any calls as this is illegal without their consent
- Take screenshots of any calls that come between the hours of 9 PM and 8 AM
- Keep any paperwork that comes in the mail indicating your owed amounts and/or has collection agency information
How Can A Debt Defense Attorney Help?
Given what little information is known by the general public regarding collection agency regulations, debt collectors are able to get away with much more than they should. As debt collection agencies, their only source of income lies in your ability—or willingness—to pay, and with commissioned agents on the other end of the phone line the motivation for them to hound you for money is amplified.
Know your rights. Debt collectors cannot insult, lie, cheat, or abuse you in an attempt to collect a debt—yet they commonly do. Here are a few real examples of just how far these callers are willing to go, doing so illegally:
- Trying to get more money from you than you honestly owe
- Calling you at work when they know your employer prohibits such calls
- Calling your family and friends in an attempt to collect a debt
- Trying to collect a debt that you do not owe
- Threatening to garnish your wages or bank account without a court order
- Suggesting that you will be arrested for failure to pay the debt
- Threatening to sue you on a debt that is too old, thus barring it by the statute of limitations
- Speaking to you in an abusive manner
- Filing a lawsuit against you on a debt that is too old according to the statute of limitations
Think Your Rights May Have Been Violated?
Contact us today to see if you have a case. Don’t let these agencies continue to make illegal and unethical collections calls. Despite what they want you to think, you do have rights and those rights are protected under the FDCPA.