If you are facing harassment from debt collectors or creditors, then you know just how annoying and distressing it be. Perhaps you are receiving continuous phone calls, threats, or even falsified statements through the mail. In fact, there are many forms that debt collection harassment can take. Although debt collectors and creditors are constantly seeking new ways to hound alleged debtors, there are a few common illegal practices to look out for. Thankfully, the law is clear, and it is possible to fight back and put an end to the harassment. One common form of harassment is the use of autodialing and robocalling. Free yourself from these persistent and invasive calls, and enlist the professional support of Hoag Law Firm today!
The Law is on Your Side
In cases of harassment such as the one that you may currently be facing, it is important to remember that the law is not subjective. Debt collection harassment and the use of robocalls and autodialing have been going on for a very long time, and there are multiple laws on the books to protect consumers from these very practices. One of the most significant laws to consider is the Fair Debt Collection Practices Act (FDCPA), which is enforced by the Federal Trade Commission (FTC). This act protects all consumers from any debt collection tactics that may be deemed deceptive, abusive, and unfair.
What makes the FDCPA so effective is its use of both broad and particular language. If you have ever felt threatened, offended, or wrongfully manipulated due to calls or other forms of contact from collectors, then there is a good chance that your attorney will able to make a successful case that you have indeed been the victim of harassment.
Another important law that deals more directly with robocalling and autodialing is the Telephone Consumer Protection Act (TCPA). The TCPA puts harsh restrictions on the ways in which solicitors and collectors can contact you. It specifically details ways in which the implementation of automated telephone equipment, robotic dialing, prerecorded voice messages, and other automated practices infringe upon your rights. In order for collectors to legally make robocalls to your cell phone, for instance, you would have had to provide written consent permitting them to do so. If in fact this consent was never provided and yet automated calls are still coming through, then you likely have a strong case that you are being harassed by your debt collectors or creditors. A qualified, experienced attorney at Hoag Law Firm will be able to help you build your case and put an end to your harassment. They may also be able to help you receive the compensation you deserve for the distress that this harassment has placed upon your life.
How to Identify Robocalling
In some instances, the use of autodialers or other robotic phone practices are obvious. Other times, however, identifying these illegal techniques can provide more of a challenge. It is vital that you understand when these forms of harassment take place, and that you make a detailed record of every incident for your attorney to use as they build your case. Here are a few things to look out for:
- If you answer the phone only to be greeted by a few seconds of silence before hearing a person’s voice, it is possible that an autodialer has been used to make the call.
- If you are greeted with a recorded message, then this is a robocall and is likely in violation of the law.
- If you have received numerous calls from debt collectors and creditors in a short span of time, then they could be using autodialers to increase the frequency and number of calls that they are able to make.
Debt collectors and creditors know entirely well that autodialing and robocalling are in violation of the FDCPA and TCPA, yet continue to use these illegal techniques regardless because they also know that relatively few people are aware that such protective laws even exist. Once you get a dedicated attorney on your side, however, they are likely to quickly relent. After the intrusive calling has ended, it is then just a matter of seeking compensation for any damages incurred as a result of your debt collection harassment.
What an Attorney Can Do for You
Seeking professional representation in cases of harassment is always the best option. An attorney with years of experience in the field can help you identify harassment, help put it to an end, and help you secure financial compensation for your troubles. If you are the victim of harassing phone calls, then the number one thing that you probably desire at this point is to free yourself from the stress an inconvenience that you are currently facing. Once your attorney contacts your debt collectors or creditors or sends a cease and desist letter, then you can expect the harassment to come to an abrupt halt. Most of the people who employ these illegal practices know how much trouble they are in once an attorney becomes involved. Any further harassment on their part can do nothing but cost them more in fines and damages.
Your attorney may be able to help you sue for damages involving:
- Emotional or physical distress,
- Lost wages,
- Attorney costs and fees,
- Statutory penalties.
In some cases, you may be entitled to receiving damages as high as $1,500 for each unauthorized call. If you have been receiving multiple illegal calls per day, then you know just how fast that can add up. Debt collectors and creditors are taking a gamble every time they choose to harass debtors and alleged debtors. For every individual who decides to take action and fight back, many more relent and fall victim to illegal and harassing practices such as autodialing and robocalling. It is your responsibility to yourself to be one of the few who reaches out for help and puts an end to your debt collection harassment.
Hopefully, you will never be in a position in which you need the legal services of a Tampa personal injury lawyer that specializes in debt collection harassment, but in the event that you do, please give Hoag Law Firm a call at (727) 231-5420 or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced attorney at your side, you can recover the largest possible settlement and get back to living your life.