Protecting Your Family Under the Fair Debt Collection Practices Act & Telephone Collection Practices Act
When you are being overwhelmed by creditors attempting to collect, LoBue Law, PLLC is here to put a stop to the constant harassment or solicitations. We have everything you need to protect your rights against creditors who violate the law in attempting to collect debts. Debtors have rights under the FDCPA (Fair Debt Collections Practices Act) & TCPA (Telephone Collections Practices Act). These federal statutes regulate the practices of debt collectors and provide for a cause of action for consumers if debt collectors fail to comply with the law.
If you are seeking a creditor harassment lawyer in Plano to protect your rights against unlawful practices of debt collectors, we are here to help. With an extensive career in bankruptcy law, our lawyer is knowledgeable of the intricacies of FDCPA and TCPA compliance law and has fought on behalf of many clients in the Plano, TX area.
Call (972) 694-6400 today to receive a free consultation to help protect your rights from creditors who violate them.
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Because of the abusive practices collectors were using in attempting to collect debts from consumers, both the FDCPA and the TCPA were enacted by Congress to protect the rights of debtors against creditors who were using unreasonable means to collect debts. The FDCPA regulates how creditors may collect from creditors and creates a cause of action for debtors against creditors if they violate those statutory rights. The TCPA creates rules of conduct for telephone communications between consumers and solicitors/creditors.
The Fair Debt Collections Practices Act (FDCPA)
The FDCPA provides safeguards to debtors against bad collection practices and prohibits the following conduct by creditors that is considered “abusive and deceptive”:
- Calling outside of 8 a.m. – 9 p.m. local time for the consumer
- Failure to comply with a written request to cease calling the consumer
- Causing a telephone to ring in a harassing manner
- Communicating with a consumer at their place of employment after advising not to
- Threatening criminal prosecution, among others
Debtors who suffer from harassment by creditors may be able to get relief under the FDCPA.
The TCPA (Telephone Collections Practices Act) was enacted into Federal law in 1991. While there is some overlap with FDCPA, TCPA primarily focuses on telephone communications with consumers. TCPA is a broader law in that it applies to telephone solicitations and is not limited to the collection of consumer debt. The Federal Communications Commission (FCC) has the responsibility of enforcement of the TCPA. If you are receiving harassing calls, let us help you get relief from the FCC.
TCPA provides for the following rights to consumers:
- Prohibits calling outside of 8 a.m. – 9 p.m. local time for consumer
- Requires that solicitors maintain a Do-Not-Call list when requested by the consumer
- Requires participation in the National Do-Not-Call Registry
- Prohibits solicitations to residences with automated dialers and recorded messaging
- Requires solicitors to provide their name, organization, phone number, and address
The complexities of these protections can be daunting, especially when all you want is for the harassment to stop. However, with the assistance of our experienced legal counsel, you may be able to stop harassing debt collection practices or even collect damages for the unlawful, abusive, and deceptive practices of debt collectors.
Contact our Plano creditor harassment attorney today for a free case evaluation. With over twenty years of experience in debt collection and bankruptcy law, our attorney will carefully evaluate your case to ensure you once again have peace of mind and your rights are protected.