St. Petersburg Creditor Harassment Attorney
Put an End to Creditor Harassment – Call Boss Law
Sadly, many people today find themselves subject to all types of creditor harassment, including harassing phone calls. The reality is that certain debt collectors and debt collection agencies do not follow the law, namely the Fair Debt Collections Practices Act, when dealing with consumers. If you need debt relief, including assistance in dealing with creditor harassment, you should consider engaging the services of a St. Petersburg debt relief lawyer from Boss Law. Get started by requesting a free, no-obligation case evaluation.
The Fair Debt Collection Practices Act (FDCPA)
The primary law governing the ways in which a debt collector can legally and appropriately deal with a consumer is a federal statute called the Fair Debt Collection Practices Act (FDCPA). This law establishes the parameters in which a creditor or debt collector can communicate with a consumer about their debts. If a debt collector or debt collection agency does not maintain the boundaries established by the FDCPA, a consumer has a right to pursue sanctions against that debt collector or debt collection agency.
Under the Fair Debt Collection Practices Act, a debt collector cannot:
- Call you before 8:00 am or after 9:00 pm
- Use or threaten to use violence against you
- Inform un-exempt third parties about your debt
- Ask you to pay more than you actually owe
- Use profane or threatening language
If a debt collector violates these boundaries, a consumer may be able to collect damages of $1,000 per violation.
The Telephone Consumer Protection Act
Many years ago, Congress passed a bill called the Telephone Consumer Protection Act (TCPA). This bill is very similar to the FDCPA and originally regulated overbearing telemarketers while establishing rules for how companies and organizations can contact consumers. Just recently, this bill was expanded to include debt collectors. The TCPA now protects people from “auto-dialers” or computer programs that call multiple lists of people, leaving short computer-generated messages. If this has happened to you, you should send your creditor a basic cease and desist letter via certified mail. If the calls continue, speak with a consumer attorney immediately.
You may be able to sue the creditor for $500 per call and $1,500 per call if they knowingly dial a do-not-call number.
FDCPA Violations Do Not Relieve You of the Underlying Debt
Some consumers incorrectly believe or presume that if a debt collector or other creditor violates the Fair Debt Collection Practices Act, they are no longer responsible for repaying the debt. In fact, as a St. Petersburg debt relief attorney can explain, wrongdoing in the manner in which a creditor attempts to collect a debt — harassing phone calls, for example — does not relieve a consumer or debtor of an obligation to their creditor. While the consumer may be entitled to monetary damages, they are still liable for the debt itself.
Contact Our St. Petersburg Debt Relief Lawyers for a Free Consultation
If you are inundated by creditor harassment, you should consider scheduling a free initial consultation with a qualified debt relief attorney at Boss Law. We can help you address harassment that arises from inappropriate creditor calls. At Boss Law, we are a full-service law firm that specializes in consumer protection, debt negotiations and settlements, foreclosure defense, and bankruptcy.Contact us today for a free consultation to discuss your situation, your options, and how to successfully emerge from your debt.