FDCPA Lawyer

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FDCPA Lawsuits

Recover Money under the Fair Debt Collection Practices Act

There are many things debt collectors can’t do when communicating with you.  If they commit one of these acts we can sue them for you and help you recover up to $1,000 in statutory damages, additional money for actual damages, and our attorney’s fees.  If they have called you on your cell phone, you may be able to recover even more money from them under the TCPA, including up to $1,500 per call.  We have experience bringing FDCPA and TCPA cases, including class actions.  If you need an FDCPA lawyer, we’re here for you!  Remember, you pay us nothing.  We only get paid when we win the case or get a settlement for you.  

If a debt collector does any of the following things to you, then you are entitled to an award of money damages and to have the abuse stop.  Read the list and contact us for advice on dealing with debt collectors.  Also, check out our overview of consumer protection law.

We Get You Money Damages When Debt Collectors Call You!


Common Ways Debt Collectors Violate the FDCPA

  1. Failing to tell you that they are a debt collector and that any information they receive will be used to collect a debt.
  2. Failing to state that they are a debt collector at the beginning of all communications with you.
  3. Contacting you if you are represented by an attorney.
  4. Contacting you after you’ve told them to stop contacting you.
  5. Calling you frequently or an unreasonable amount of times.
  6. Calling you names.  Using foul language, yelling, or making racial or sexual slurs.
  7. Falsely threatening to ruin your credit.
  8. Falsely threatening to sue you.

Other Ways Debt Collectors Violate the FDCPA

False or Deceptive statements

A debt collector may not make any false or deceptive statements when trying to collect a debt.  Such statements include:

  • Misrepresenting the amount or legal status of the debt.
  • Implying that you have committed a crime by not paying a debt.
  • Falsely implying that they are an attorney, government agent, or member of law enforcement.
  • Falsely implying that they operate or work for a credit agency.
  • Falsely stating that papers they sent you are legal papers when they are not.
  • Falsely stating that papers they sent you are not legal papers when they are.

Deception

A debt collector may not engage in deception when trying to collect a debt.  For example:

  • Sending you a document that appears to be an official document from a court or government agency but which is not in fact an official document.
  • Giving false credit information about you to anyone.
  • Using a fake name, unless the name is allowed and properly registered with the state whose law applies.

Collection Fees

A debt collector may not charge you any fees or interest that was not expressly authorized in the original agreement with the creditor to whom the debt is owed.

Harassment and Threats

A debt collector may not communicate with you in any way that harasses, abuses, or threatens you.  For example:

  • Contacting you without properly identifying himself.
  • Repeatedly calling you.
  • Using obscene or profane language.
  • Advertising or publishing your debt except to credit bureaus.
  • Using any threats toward you, including:
    • Threatening violence or harm to you, your property, or your reputation.
    • Claiming that you will be arrested if you do not pay your debt.
    • Stating that they will seize, garnish, attach, or sell your property or wages, unless they or the creditor intends to do so and have the right to do so.
    • Threatening to take any illegal actions against you.

Unfairness

A debt collector may not treat you unfairly in attempting to collect a debt.  For example:

  • Trying to collect any amount greater than your actual debt, unless allowed by law.
  • Depositing a post-dated check more than 5 days before the date on the check, without giving you notice of when they intend to deposit it.
  • Soliciting a post-dated check in order to threaten criminal prosecution or to threaten to cash it early.
  • Making you accept collect calls or pay for telegrams.
  • Taking or threatening to take your property unless this can be done legally, including wrongfully repossessing your vehicle.
  • Contacting you by postcard.

Application of Payments to Multiple Debts

A debt collector must apply your payments on multiple debts in the order you direct.  They may not apply any payments you make to debts you dispute.


What Can You Do Today To Stop Debt Collector Harassment?

Contact us today for a Free Case Evaluation!

If you think you may be the victim of debt collector harassment, then contact your Florida and California FDCPA lawyer for a free consultation.  Protect your rights and receive just compensation!  The Law Offices of Eric W. Kem cares about helping consumers whose rights are being violated.  We take these cases seriously and seek to get you a great compensation for the harms you received from the aggressive debt collectors.  We have the experience and even more important, the desire to right the wrongs and make the bad businesses pay up for their actions.  We will advise you of your situation and what can be done to bring an FDCPA lawsuit.  Call or email us today to get started on explaining your case to us.

 


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