Jun 02

Harassing Phone Calls

Harassing Phone Calls from Wrongful Debt

Perhaps, you are receiving on-going harassing phone calls from individuals who are attempting to collect money that you do not owe. Have you tried in vain to convince the creditors that they are calling the wrong person? If that is the case, then you can file a court case against the company that is harassing you. The Telephone Consumer Protection Act was enacted to put some limitations on auto-dialing, robo-calling and telemarketing companies. The Act enables any person who has been getting wrongful harassing telephone calls to file a lawsuit. If you have been a victim, you may be qualified to get a settlement from the company that has been doing that to you.

harassing phone callsWhy You May Receive Harassing Phone Calls

You may find it very frustrating and challenging trying to convince a creditor that you do not owe them. They may continue calling you even if you explain everything to them. The origin of the calls may have been a result of mistaken identity confusion, an error by the company or even fraud. In a majority of instances, however, harassing calls begin if phone numbers are changed.

Nowadays, people may change phone numbers and carriers without notice. Carriers then issue the previous line numbers to new subscribers. The original owners may refuse or forget to update their numbers. This means that the new subscribers may start receiving calls for the former subscriber contacts. The Telephone Consumer Protection Act can work for you if you are getting harassing calls concerning the debt of someone else.

Wrongful Debt: How To Stop Harassing Phone Calls

To confirm whether a debt collector who annoys you with phone calls is legitimate, the Better Business Bureau urges you to contact the company and ask for a written proof of the debt. This ensures that the company is genuine and not someone attempting to commit fraud or identity theft. After confirming that you do not owe them, you will tell the company to stop contacting you. The federal law requires that when you tell the creditor to stop calling you, they ought to stop immediately. If they do not stop, you may choose to take legal action against them. Such a court proceeding requires an experienced and competent attorney.

How To Seek An Attorney For A Wrongful Debt Case

If you have been getting harassing phone calls from collection agencies, banks or finance companies for debt that you do not owe them, you might have a strong lawsuit against the company that calls. A lawyer with vast experience with technology based litigation cases will give you advice on the right procedure for your specified claim. You should get a good attorney who will offer a free case review. There are just a few short steps required for you to find out if you are qualified to receive a settlement. The compensatory sum can be large or small depending on the volume of phone calls you received from the company. In case you are receiving harassing phone calls, get the right attorney today.


Jun 02

Debt Collection Laws

Debt Collection Laws – Assure Your Rights Aren’t Violated

When you have ever been called by a debt collection agency, you understand that it might be an unpleasant experience. A collection agency can turn basic acts, for example inspecting the mail or answering the phone, into dreadful jobs. Having stated that, it is necessary to comprehend that there is a law in spot intended to defend the men and females that collection agencies talk to. The Fair Debt Collection Practices Act or FDCPA was enacted to keep debt collectors from abusing, harassing, or tricking somebody when trying to collect a financial obligation. It also gives debt collectors strict referrals to abide by when collecting a debt. In this brief post, we’ll have this debt collection laws described in simple terms, to far better notify debtors of their rights.

The FDCPA and Debt Collection Laws

For beginners, the FDCPA lays out really clear practices for financial obligation collectors to stick to when calling a debtor. Financial obligation collectors are only permitted to speak to through affordable hours (usually 8:00 a.m. – 9:00 p.m.), however they are likewise permitted to call a debtor at function. On the other hand, when the debtor notifies the collector that their company desires the calls to stop, the financial obligation collector should stop calling the person’s location of employment.

Enforcement of Debt Collection Laws

Debt Collection LawsYou will discover likewise guidelines of conduct a collector need to follow when gathering a financial obligation. A debt collector is forbidden from bothering any person from whom they are trying to gather a financial obligation. Examples of harassment consist of things like exceedingly calling, disparaging the debtor, or using profane language. A debt collector can likewise be not permitted to make incorrect statements when gathering a financial obligation. Examples of false statements consist of things like posing as a government official, producing dangers (suits, jail time, taking of property and residence, and so on.), or telling the debtor they owe greater than they truly do. Furthermore, a financial obligation collector cannot use unreasonable practices in attempting to gather a debt. These practices contain collecting an amount larger than what the debtor in fact owes, or suing the debtor for any financial obligation they generally do not owe.

The FDCPA demands collector to inform debtors of their rights, and any correspondence (mail or telephone) has to consist of the realities that the call is getting applied to gather a debt. The only reason a collection agency can speak with a third party (family or friend) is constantly to acquire the debtor’s contact number or address. If the collector has this information, they’re forbidden to speak to a 3rd party. It really is also unlawful for debt collection agency to tell a third celebration that they are attempting to collect a debt.

The Role of Creditors in Debt Collection Laws

The FDCPA is in location to secure the rights of debtor’s though making a collector’s job clear and concise. If a person becoming spoken to by a financial obligation collector feels that they are experiencing the infractions gone over in this post, it genuinely is important that these misbehaviours are precisely recorded. The reason for this actually is in order that the claims are typically confirmed if the debtor chooses to take legal action.

Now which you have had this debt collection laws explained, you must feel extra positive about your rights if you’re ever spoken to by a debt collector. It’s finest to prevent the condition completely by remaining present on your debts, however it transcends to understand that the FDCPA exists if ever get oneself around the getting end of a collection call. If you want to know more about it then please contact us via online form or 1-877-292-1500 number.


Jun 02

Wrongful Debt

Ways to avoid Wrongful Debt

Wrongful debts can be very frustrating and can even prove to be an uphill battle, be it that they are caused by mistaken identity, identity error or an honest error. It is normal for debts to get sold to different individuals and agencies. This means that consumers may have to make the same case each and every year that a debt trades in. Wrongful debt cases tend to increase every year.

Reasons for Emergence of Wrongful debts

Debt collectors may be after you for a debt which you don’t owe them. There are a lot of reasons as to why debt collectors hound you and yet you don’t owe them anything. One of such reasons is that you may be sharing same name or inherited a mobile number with a person who actually owes the debt. The other reason is that you may have paid your original debt but due to the lack of updating records or being recorded, you are followed up.

A wrongful debt collection attempt may also result from a fraud. The debt collector may be a thief who may be trying to get your personal identity information such as bank account number and the credit card number.

Ways on How to Avoid Wrongful Debts

Avoid Wrongful DebtTo avoid wrongful debt collection, there are various measures which you can take. One of such measures is by getting a written approval of the debt existence. It is required under the law that a debt collection agency must provide the debtor with a written approval notice of the debt existence within five days of making a contact to you about the debt. When you want to receive a confirmation notice, you should send a request in writing within 30 days of receiving a validation notice. This written proof can easily guide one to know as to whether the callers are thieves or you owe them some debt.

Once you confirm that you don’t owe your callers any debt, tell the debt collectors that you don’t owe them anything and that they should stop contacting you. Correction of wrongful debt errors is another way in which you can deal with such debts. After confirming that you don’t owe any debt, you should take a step and correct any inaccuracies which may be depicted in your credit report that contains wrongful debts. This is done by contacting the company in which the debt collector works for by providing a detailed letter on the debt which should also include copies of the documents which are having the credit report.

It is not easy for debt collectors to continue pursuing an individual or even a business if he or she tells them to stop contacting. This is done after making a confirmation that you do not owe any debts that are claimed. It is very important for you to check out your credit report with the credit reporting agencies. This will help you to weed out terrors and frauds in that report which contains wrongful debts. You can even be allowed to view credit reports for free once you confirm that you are a common victim of wrongful debts. It is always good stop wrongful debt so as to get stress free.


Jun 02

Indiana Robocall Decision

Are You Affected By The Decision About Robocalls In Indiana?

Robocalls are automated calls that are made by computer systems to send pre-recorded telephone messages to hundreds or thousands of people. Robocalls evoke a wide range of emotions, but most people consider them highly abusive. This led to an Indiana state law to ban them under most circumstances. Indiana’s law, which is similar to the federal Telephone Consumer Protection Act (“TCPA”), generally prohibits automated telephone calls to cell phones (with few exceptions) without prior consent by the called party.

Indiana DecisionThis led to the filing of a number of lawsuits filed against defendants for violations of the Indiana’s version of the federal TCPA law. One case was appealed to the United States Circuit Court of Appeals for the Seventh Circuit (which has jurisdiction over federal courts in Illinois, Indiana and Wisconsin). The robocaller claimed that it was protected by the free speech provisions of the First Amendment to the United States Consitution, and that in any event, the robocalls were made from an out-of-state telephone number. The U.S. Court of Appeals for the Seventh Circuit ruled that the federal TCPA does not prohibit (or prevent) the filing of both a lawsuit claiming violations of both the federal TCPA and Indiana’s version of the TCPA.

Robocalls are annoying or are often outright abusive, and compromise your privacy. You should value your privacy, and your peace of mind. You can stop abusive robocalls for wrongful debts by retaining experienced trial lawyers who handle wrongful debt lawsuits.

Contact Us If You’ve Been the Victim of Wrongful Debt Robocalls

If you have been the victim of a robocall, you may be entitled to compensation from the company that made the robocall to you. In order to seek compensation, you will need to file a lawsuit alleging violations of the federal Telephone Consumer Protection Act (TCPA) or its state law counterpart in a federal or state court. Retaining an experienced legal team who handle wrongful debt robocall lawsuits can help you obtain the maximum compensation to which you may be eligible. If you have been called for a wrongful debt (a debt that isn’t yours), the robocaller may have violated federal the TCPA (or state law) and you may be entitled to seek compensation. Contact the experienced trial lawyers at the Abbott Law Group and we will review your case to determine if you are eligible to seek compensation by filing a TCPA lawsuit.


Jun 02

Stop Robocalls

stop robocallsA Guide To Using The Law To Stop Robocalls

These days, there are many people who are interested in effective ways to stop Robocalls. These calls can be very annoying, and in some cases can also be expensive on your part. In most cases, simply filing a complaint with the company that originates the calls will be effective in stopping them. However, there are times when you might be unable to stop the calls using this method. In such cases, you would need to escalate the issue and involve other parties as well.

More Effective Ways To Stop Robocalls

If you have tried more amicable ways to solve the problem and they don’t end up working, chances are that doing the same over and over is not likely to work well. For this reason, it’s usually a good idea to try something that is likely to work the first time you try it. The most effective of these is using a legal course of action. By involving the courts, you can compel the company providing the service to stop making the Robocalls to you. This means that if they do it again, they are likely to face stiffer penalties.

Use Legal Recourse To Stop Robocalls

Most people who receive such calls don’t know that they have leeway to have them stopped by the courts. However, the fact of the matter is that there are laws that protect consumers from such calls. In the United States, for instance, the Telephone Consumer Protection Act of 1991 restricts activities of telemarketers and the use of automated telephone equipment. If you receive such unsolicited calls and have a difficult time preventing them, you can rely on this law to get some legal recourse.

If you are interested in using this means of preventing such problems, there are a few things you need to find out. The most important of these is whether this law is applicable in your states. Not all states have passed the law, which means that this cannot be used in all of them. Finding this information is very easy; you can either use the internet to find out if your state is one of the few that passed it, or consult our attorney to help you out. If you talk with our lawyers, we will offer you a free consultation to see if you qualify for a TCPA Lawsuit.

Residents living in a state that has passed the Telephone Consumer Protection Act chances are that filing this kind of case with the courts is going to be a straightforward process. However, in order to ensure that it gets done correctly, it’s a good idea to consult a legal service first. They will ensure that the procedure is carried out as fast as possible and with little risk of any technical complications later on.

In summary, if you are tired of receiving automated calls, you should consider using the law to stop them. This is one of the most effective ways you can use to stop the calls, and is not expensive to use. For more information on how you can use the law to stop Robocalls or to simply have us do it, feel free to contact us via our online contact form or out 1-800 number.