Debt collection calls can be the most depressing calls that a person ever receives. You are already in debt, yet they want to call you multiple times a day to remind you about it. But there is good news—we can stop the harassing calls. Even more, your rights may be violated, which could result in monetary damages for you. If you are receiving calls about a debt, let us know right away. We can get the calls to stop fast.
We Stop the Calls and You Pay Nothing Unless We Recover
You may be wondering how on earth you can afford an attorney to protect you from debt collection calls when you are already under water on some of your bills. The answer is simple. We don’t charge you for our representation unless we recover money on your behalf. That’s right, we will stop the debt collection calls and may even be able to recover YOU money. How is this possible? The short answer is, when collection companies make these harassing calls to you, they may be violating your rights without you even knowing.
In some cases, you may be entitled to money damages. If that is the case, we would charge a percentage of the money we recover for you. This is called a “contingent fee” because it’s contingent upon a good result. If you are not entitled to money damages in the end, then you are not charged. In that case, at the very least, we’ll get the calls to stop. We see it as a beneficial situation for both parties.
Upon speaking with you, we’ll evaluate your case and, let you know whether we can help. Often times we can. In the rare situation that we can’t, we’ll at least point you in the right direction to help you get the collection calls stopped on your own.
Automated Telephone Calls or “Robocalls”
If you are receiving automated telephone calls or “robocalls” to your cell phone regarding money that you owe, your rights are possibly being violated. You must give a company express consent to call you using the automated dialer and, chances are, you did not give express consent for them to call you.
Under federal and Florida laws, if a party trying to collect a debt calls you without your consent, you may be entitled to compensation for their harassing tactics. Sometimes, if they have committed a TCPA violation, you may even be entitled to up to $500 per violation, which can often mean $500 per illegal call.
Recently, a federal court in Florida held that, an individual “has not directly, clearly, and unmistakably stated that the creditor may call him, and so he has not given ‘express consent.’” See Mais v. Gulf Coast Collection Bureau, Inc., 11-61936-CIV, 2013 WL 1899616 (S.D. Fla. May 8, 2013). This could be the situation in your case as well.
If you are receiving automated calls to collect money you owe you need to do two things:
First: Call us and let us know what is happening.
Second: Make a record of the calls from creditors that you are receiving. This is as simple as making a list of all the calls you are receiving. Include who called you, whether the call was automated, the number they called from, your number they called, what they said, when the call occurred, and any other details relevant to the call (harassing behavior, you were at work, etc.). Call us for a sample call log to keep track of all of the potentially illegal calls.
Examples of illegal debt collection calls include:
- Abusive language
- Harassing conduct
- Contacting family or friends about your debt
- Contacting employers about your debt
- Collectors who violate settlement agreements
- Violations of the U.S. Fair Debt Collection Practices Act (FDCPA)
- Violations of the Florida Consumer Collections Practices Act (FCCPA)
- Violations of the U.S. Fair Credit Reporting Act (FCRA)
- False and inaccurate credit reporting
- Violations of the U.S. Telephone Consumer Protection Act (TCPA)