Telephone Consumer Protection Act

The Telephone Consumer Protection Act

telephone consumer protection actSo many things in the world could feel annoying and frustrating, amongst them harassing calls and unwanted calls. Harassing calls are calls that are made by people unknown to you and they keep calling for reasons that are out of your knowledge. The callers are people that you know or you can relate to for instance creditors or debt collection agencies. The Telephone Consumer Protection Act give you options in dealing with these creditors.

Creditors will do everything possible to make sure their due debt is paid in full, the call their debtors as ,many times as they can in a day, they can also extend this uncouth behavior to odd hours such as during the night or early in the morning. Some creditors opt to sell their debt to debt collection agencies who in turn claim the debt from the debtors, collecting debts being the sole objective and business for these agencies, they make sure they do their job quite well and the only way they know best is by harassing the debtor by all manners of phone calls.

In some cases the debtor being pursued may have moved from the premises he initially operated from in time of engaging the creditor in the contract, this means that the creditor maintained the phone number as the debtors line. When the creditor needs to claim his debt the number he reaches out is the initial number in their contract agreement, the premises maybe occupied by new tenants who in most cases have nothing to do with the debt or even the debtor in question. The creditors in most cases will not understand that the person on the other end of the line is not the debtor and they will keep calling regardless of how many times you offer an explanation that you are not the person they are looking for.

Your Rights Under the Telephone Consumer Protection Act

Unwanted calls are the calls you get from telemarketers who are advertising their product via the telephone platform. These calls may be so annoying since the marketers have no limit as to when they call you they can gladly calls you any time of the day or night. Following numerous concerns by the consumers over the alarming raise in cases of harassing calls and unwanted calls from telemarketers, the congress of 1991 passed the Telephone Consumer Protection Act (1991) to protect the consumers from receiving calls from harassing creditors and collection agencies.

The Telephone Consumer Protection Act was enacted by the congress in the year 1991 protecting consumers from abuse by telemarketers. The act that was adopted by the federal communication commission and provides that: Solicitors should not call residences before 8 am and past 9 pm local time, the solicitor company must have and maintain a company specific Do-Not-call list of consumers who made a request not to be called; the DNC list must be fully honored for a full five year period, the solicitors honor the National Don-Not-Call registry, solicitor must provide names and addresses of persons and or entities that they are calling on behalf of, solicitors should not use artificial or recorded voice, soliciting phone calls made using automated telephone machine or better known as robocalls should not be made to emergency numbers such as health institutions, the designated 911 emergency number, elderly room, cellular phone or any service that the recipient is charged for, autodialed calls that engage more than two lines of a multiline business, all soliciting faxes are prohibited, in case any of the above is violated the subscriber is allowed by law to sue for up to $1500 for each violation or they may decide to sue for the recovery of the actual loss in terms of money depending on which is higher.

When the congress first passed the Telephone Consumer Protection Act in 1991 the Do-Not-call rules were delegated to the Federal Communications commission and suggested that the Do-Not-call regulations required the establishment of a single national database. The FCC was reluctant to adopt this idea and rather it required that each soliciting company to have and maintain an own Do-Not-Call list database. This meant that the consumer had to register and make a request to each and every telemarketer, this was difficult for the consumers to do, and thus it made the FCC’s initial list ineffective in stopping soliciting calls.

To aid in the improvement of the company specific Do-Not-Call registry, the Federal Trade Commission established the first National Do-Not-Call registry and also played a major role in implementing regulations that prohibits commercial telemarketers from using unsolicited calls to persons registered in the national list. The telemarketing industry felt the advance effects of the Telephone Consumer Protection Act and filed a case in court arguing that they were being unfairly discriminated from the freedom of speech, their argument was based on that politicians and charities use a similar platform and no such cartel rules are imposed on them. This suit challenging Telephone Consumer Protection Act prompted the congress to honor the National Do-Not-Call Registry with a congressional ratification with enactment of the Do-Not-Call implementation Act. An extension of the enactment demanded that Telephone Consumer Protection Act apply explicitly to even calls and faxes originating from outside the United States.

The state of the current act requires that once a consumer is registered to any of the Do-Not-Call lists the telemarketers must honor the request for up to five years after which the consumer is no longer protected, but with recent proposed amendments requires that once registered the term of registration should be indefinite, this reduces the inconvenience of the customers having to re-register.

For consumers who have had sleepless nights and frustrating days as a result of unwanted or harassing calls and may wish to report these incidences and establish a case against the callers, a Harassing Phone Call Attorney can help. Records of all traced calls are only released to law enforcement agencies not to the individual who requested for the trace.

You have rights under the Telephone Consumer Protection Act. If you feel they have been violated, you may be eligible to receive compensation from the company that is harassing you. Contact us today for more information on a TCPA lawsuit.


FDCPA Violations

You Have Options if You Were Subjected To FDCPA Violations

FDCPA ViolationsThe Fair Debt Collection Practices Act came into existence in 1977.The spirit and principle of the amendment is to protect citizens against unfair debt collection practices and related abuse. It has undergone changes over the time as influenced by the changing circumstances of society and technological advancements. The act seeks to establish fairness in debt collection while providing an avenue for reporting FDCPA Violations

The act is often applied alongside the fair debt collection act in the administration of justice in debt collection related disputes and offences. The act provides guidelines and outlines consumer rights. It also prescribes penalties for various types of FDCPA Violations.

In simple terms, the act goes on to define the various subjects usually involved in debt collection incidents and FDCPA violations cases. The act defines a debt collector as any person who commercially collects debts or attempts to collect a debt either directly or indirectly from a debtor. Lack of knowledge of who is a legal debt collector has often led to FDCPA violations too.

Incidents of FDCPA Violations are rife in modern day as has been in the past. However, the incidents have become a little more subtle because of the evolving technologies. Such incidents have become more conspicuous and increase in tandem with the demographic trends. Criminals have also evolved their ways of extorting from the unsuspecting individuals. The law relating to FDCPA violations has therefore been amended to curtail such criminal activity.

Debts You Don’t Owe

FDCPA violations occur when debt collectors ambush clients without notice, either via phone calls or simply paying them a site visit. If you know that you do not owe anyone any debt, you need to stay calm and confident in such situations because the law is cognizant of such FDCPA violations and provides legal recourse in case you fall victim.

Firstly, you need to demand for the clear identification of the debt collectors and a proclamation of debt as issued by the National Debt Reporting Agency. The statement of debt should be clear on how much you owe, to whom you owe and any accruing penalties from owing such debt. If the documents you have demanded are not available, then the debt collector is engaging in FDCPA violations. They are therefore liable to prosecution for conducting their business oblivious of the law. Citizens should not be too alarmed about such incidents as they are prone to happen once in a while. Sometimes, fdcpa violations occur as a matter of accident. A debt collector may exert pressure on the wrong person because of mistaken identity. In other instances, when owners of property such as houses and business firms change ownership and sell or lease property, they do not update their encumbrances with their creditors.

Some of the FDCPA violations are instigated by consumers. Some people pay the debt but forget to document. The debt collectors work on records as they are provided by your creditor. Therefore ensure that you get confirmations of any debt settlements you make. Criminals also understand the nature of debt collection and can sometimes cash in on situations they think they can get away with. This is one of the main reasons why you must ascertain the credentials of the debt collector before you release any personal information. Once you discover that your debt collection agent is a hoax, take steps to initiate prosecution for FDCPA violations.



Debt Collection Laws

Your Rights Under the Debt Collection Laws

debt collection lawsDebt collection laws were established because the industry needed regulation. It can be an extremely mucky business. Genuine creditors and criminals can easily fuse in the melee and stampede that characterizes debt collection efforts. Under the debt collection law, a debt collector is a person or group of people, registered as a company, who attempts to recover owed monies either directly or indirectly. Debt collectors are in many cases hired third parties who buy off a debt from a creditor with the hope of making a profit margin from their debt collection expertise. It is therefore common to fault these debt collectors for violating debt collection laws because of their over-enthusiasm to make money out of the deals they have with creditors.

Why a Debt Collector May Come For You

You may have fallen behind with your debt repayment, you may also have simply been unable to repay a debt, yet still, a debt collector may come for you because of mistaken identities resulting from lack updated information or account errors. In some isolated but common incidents, a debt collector may be a criminal seeking to extort personal information from you in order to use it for criminal access of bank accounts or cyber crime. Debt collection laws exist to protect consumers against unfair debt collection incidences.

How Debt Collection Laws Affect You

Some of the common ways debt collectors use to contact supposed debtors include calling, sending fax messages, or site visits. Which ever way is used, as a consumer you must always be aware of the role of the debt collection laws to grant you protection against unfair practices, including unwarranted phone calls or messages. You should know that a debt collector is prohibited to contact you at your place of work or even call you at odd hours. The debt collection law only allows the debt collector to contact you at hours 8.00am to 9.00 pm on working days. Furthermore, they can only do this if you have not reached an agreement restricting then on how thy can possibly contact you. The debt collection law protects you against unwanted and persistent debt collectors calls.

The debt collection law requires debt collection agencies to send you a written notice within five days of contacting you. This notice is a detailed proclamation of the debt you owe. It should also state the action you should take if you believe that the debt pursuit is against the debt collection law. The notice should specify the name of the creditor and the amount you owe them.

If you wish to proactively stop debt collectors from calling you, you have a provision in the debt collection law to write to the collection agency. Once this is done, the debt collector will desist from calling you. They may only reach you to indicate some specific action they intend to take or simply confirm that they will no longer contact you by way of calling. If they do not observe this order of events, you can invoke the debt collection law and prosecute them.

The debt agency is required to supply you with evidence of debt, thirty days after you dispute the debt and request for such verification. The debt collection law prohibits the debt collector from making any contact within thirty days after the receipt of your debt confirmation request. The proof comes in the form of such documents such as a copy of the bill.


Report Harassing Phone Calls

How to Report Harassing Phone Calls from Creditors

report harassing phone callsIf you have been receiving incessant harassing phone calls from creditors and you are always helpless, then you probably are throwing your rights out of the window, under the TCPA laws. Our message is short but precise. Report harassing phone calls to the authorities, and then call us to see if you may be eligible to file a lawsuit against the company harassing you. It is important to read the law and update on the limits of others towards your personal space. The law takes note of this unfortunate but real eventuality and provides a shelter against the possible torrents of abuse that could come in your direction, by laying out steps on how to report harassing phone calls.

The Unbearable Effects of Harassing Phone Calls and Your Remedies

Make sure that you report harassing phone calls because they can freeze your life in its tracks. Under the law, a phone call is described as harassing when it contains elements of insults, threats, unusual pauses or even heavy breathing intended to scare you. It is against the law in most states of the USA to make these kinds of calls, regardless of whether the debt is real or not. Affected victims should take note of the guidelines and remedies available on how to report harassing phone calls. Furthermore, if you are affected, you can report harassing phone calls to us, and join a class action lawsuit against the company involved in harassment.

What Number Of Calls Constitutes Harassing Phone Calls?

One of the facts you need to know about the nature of the law on how to report harassing phone calls is that a single harassing call is indeed a harassing call and is enough to enable you to open a lawsuit against the culprits. If the call meets the threshold of harassment, then report it in order to aid others who may not know that you can report harassing phone calls. In particular, if the single call contains clear elements of threats of bodily harm to you or a member of your family, make sure that you book it as harassment. If there is enough public awareness about the avenues that make it possible to report harassing phone calls, then, it will reduce instances of errant debt collectors who proceed to harass victims unabated. Debt companies are required to be decisive and prompt when you report harassing phone calls.

What You and Phone Companies Should Do

Although phone companies have different guidelines on how to report harassing phone calls, it is primarily the duty of the phone company to ensure that deviants do not abuse and misuse their service to harass other clients. Some phone companies require you to report the source of harassment to them immediately so that they impose bans or report harassing phone calls to the police. Other companies give customers the liberty to take action immediately and report to law enforcement agencies. Whichever way is available to you, make sure you report harassing phone calls as soon as they occur to avert an impending nervous breakdown from the after-effects you can get from them.

However, there is no crime in reporting harassing phone calls directly to the police if the call is an extreme kind that really threatens your life of that of your relatives and friends. Reporting harassing phone calls is the solution to harassment from debt collectors.

Stop Robocalls

How to Stop Robocalls

stop robocallsThere is a new federal law which seeks to help you stop robocalls. These calls caused a lot of inconvenience for people who did not desire being interrupted in whatever they were doing. Yet, there was just no way to stop robocalls. Strangely, the existence of this law does not seem to have totally eliminated the bad practice from advertising firms and phone companies. They simply can’t stop robocalls. While the average American may feel a little protected against such abuse by telemarketers, many of them still get interrupted rudely by unsolicited advertising robocalls calls and messages from various entities seeking sell products, in spite of what the law says. You have a legal tool to stop robocalls now

The Parameters of the TCPA

The TCPA places restriction on the use of robocalls. A robocall is a call made from an automated machine which randomly dials you from a product firm, as a way of trying to convert you to a certain lifestyle for using a particular product. This practice is commonly referred to as telemarketing in legal circles. It includes pre-dialed and automated calls to private homes, patients’ wards and emergency rooms. The FCC recently boosted efforts to stop robocalls by spreading the definition further to accommodate evolving technologies in the telecommunications industry. Under the new laws, telephone companies are required to seek fresh consent for any telemarketing calls they have consent for. Otherwise, they are required to stop robocalls to such numbers. In fact, the new law eliminates any ambiguities that arose from the previous law. Advertising agencies and phone companies couldn’t stop robocalls because they saw a loophole in the law. This article is aimed at providing information on how to stop robocalls besides highlighting the changes in the new FCC amendment. The law provides for how you can be protected as a consumer from the unwelcome overtures by telemarketing companies.

You Can Stop Robocalls More Easily Now

It is easier to stop robocalls in the new law.The new FCC rules on robocalls provide a systematic and clear guideline for businesses seeking to advertise to consumers via telephone. They are required to seek your written consent prior to making such calls. The written consent must be sought afresh after October 2013 when the new laws came into effect. The written consent may be provided on paper, website forms or electronic other means such as recorded consent from you in your voice. The written consent must be sought by businesses even if they have a business relationship with you. They are to stop robocalls if they do not have a written consent. You also have an exit clause in the new law. If you wish to stop the robocalls even if you had given consent earlier. The telemarketing calls must announce an exit option at the beginning of the robocall. You can stop the robocall by opting in the course of the call. You do not have to make a separate call to stop robocalls thereafter the call. If there is a violation, you can reach us on our toll free number starting with 1-800 to join in a class lawsuit and get your privacy rights back