Consumer rights laws—including the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA)—help shield consumers from unscrupulous third parties who act abusively, deceptively, and illegally during the course of communication. When collection agencies, telemarketers, and others skirt consumer protection laws and the consumer is harmed as a result, our Norristown consumer rights law attorneys at The Weitz Firm, LLC can help.

The FDCPA

Consumers are afforded some protection from bad debt collection practices by the FDCPA. And it appears it is needed. The Bureau of Consumer Financial Protection fielded around 75,200 debt collection complaints during the 2019 calendar year alone. Violators of the provisions established by the FDCPA subject themselves to large fines. The law prevents debt collectors from a variety of behaviors and practices, including:

  • Communicating with the debtor at their workplace, prior to 9 am to after 8 pm, or after being informed that the debtor has hired a lawyer.
  • Discussing the debtor’s financial issues with others without the consent of the debtor.
  • Failing to stop communicating with the debtor after the debtor specifically requests the collector to cease communications.
  • Using profane or obscene language while communicating with the debtor.
  • Threatening the debtor with violence.
  • Calling the debtor repeatedly with the intention of annoying or harassing them.
  • Implying or making false representations about being an attorney or government official.

This list of prohibited actions is not an exhaustive list. There are many others. Regardless of the offense, debt collectors can be sued if they violate the letter of the law.

The TCPA

Robocalling—the practice of making unsolicited phone calls or sending text messages or faxes considered telemarketing or spam—is illegal under the TCPA. This includes calls to both cell phones and traditional landline phones, texts to cell phones, and faxes received by fax machines. Callers can be fined from $500 to $1,500 per call, text, or fax.

If the recipient of the call, text, or fax is also a registrant on the Do-Not-Call Registry maintained by the Federal Trade Commission (FTC), the penalty is even steeper. Do-Not-Call Registry violators may be fined as much as $43,792 for every call made to a registrant on the list. The FTC reports that it has collected more than $290 million in judgments from violators since the inception of the DNC Registry.

Trust Our Norristown Consumer Rights Law Attorney to Help

As a consumer, you do not have to tolerate abuse at the hands of robocalls, telemarketers, and debt collectors. You have legal options, and these callers face legal ramifications for their wrongdoing, which may include actual and statutory damages and legal fees and costs.

At The Weitz Firm, LLC, our attorneys have a wide breadth of knowledge when it comes to laws established to protect consumers. We can help you hold ruthless, unprincipled third parties responsible for their violations of your consumer rights. Learn more by getting in touch with our Norristown consumer rights law attorney for a free consultation of your case by clicking here or calling 267-587-6240.

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