When you owe a debt to a large institution such as a bank or credit card company, the primary debt holder will oftentimes sell your debt to a debt buyer. The debt buyer is a company that is in the business of purchasing defaulted consumer accounts. They will do whatever is necessary to get you to pay the total debt even though they have bought the debt for as little as pennies on the dollar. Because of the policies of many of these debt buyer companies, the federal government has enacted statutes and regulations to protect the consumer. The Telephone Consumer Protection Act (TCPA) entitles the debtor (person who owes the debt) to money damages if he or she has been a victim of these unlawful collection attempts. If you have received these unlawful phone calls, you may be entitled to money damages.
Contact the experienced attorneys at Advocate Law Group for a free and confidential consultation if you:
- have been contacted by a debt collector, and
- have received calls to your cellular phone.
Telephone Consumer Protection Act (TCPA)
The TCPA affords protections to consumers by limiting the ways that the debt collectors can contact the debtor. A debt collector is not allowed to contact the debtor by calling the debtor’s cellular phone without consent. The federal government has found such attempts to be an invasion of the debtor’s privacy rights and an overaggressive debt collecting procedure. If a debt collector calls a debtor’s cell phone, the debt collector has broken the law. In such a case, the debtor is entitled to money damages. The minimum amount of damages allowed is $500 PER PHONE CALL and can be as much as $1,500 PER PHONE CALL.
The Debt Collector or Business May Owe You Money
Debt buyer companies have their own in-house legal departments who look for ways to avoid paying these damages to the debtor even when the debtor is entitled to them. The TCPA statute states that for an intentional call to a debtor’s cellular phone, the debtor is entitled to $1,500 per call and $500 per call for unintentional phone calls. The debt buyer company’s defense attorney will always argue that the phone calls were unintentional. An experienced Telephone Consumer Protection Act litigation attorney can fight to get you the money you deserve.
You May Be Entitled To a Large Sum of Money
These calls add up. With fines ranging from $500 to $1,500 per phone call, the damages owed to the debtor for the debt collector breaking the law can add up to large sums of money. Most debt collectors make numerous calls, which will all be included in the money damages calculation. Not only are you entitled to money damages, but an attorney experienced in defending debtors may also be able to reduce or even remove your debt entirely.
Why You Need an Experienced TCPA Attorney
Debt collectors will harass the debtor until the debt is paid or until the debtor seeks the assistance of an experienced attorney. Once the debtor retains an attorney, the debt collector can no longer contact the debtor and will have to deal exclusively with the debtor’s attorney. An experienced TCPA attorney can not only stop the harassing phone calls but may be able to get your debt dismissed and can even get you money for each prior phone call.
As a debtor who has been sued or is being harassed by a debt collector, you may be up against a multi-billion dollar company that has many debt collectors and a large in-house legal department. You need someone that will fight for you! The experienced TCPA attorneys at Advocate Law Group have decades of experience successfully representing individuals who have been sued or harassed by debt buyers.