Are You Affected By The Decision About Robocalls In Indiana?
Robocalls are automated calls that are made by computer systems to send pre-recorded telephon 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.
This 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.
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
You 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 1-800 number.
A 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 an online legal service to help you out. If you have a lawyer, you can also ask them for this information as well.
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.
CAUSES AND WAYS IN WHICH YOU CAN 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
To 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.
Wrongful Debt: What to do about Harassing Phone Calls
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 chivvying 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 chivying 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.
Why 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 litigation cases that are technology based 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!
Telephone Consumer Protection Act Information
The telephone consumer protection act of 1991(TCPA) was actually passed in 1991 by united state congress and it was later signed into law as a public law 102-243 by President George H. W, Bush. The law amended the communication act of 1934. The telephone consumer protection act is actually codified as 47 U.S.C 227.TCPA restricts all telephone solicitors like telemarketing and also use of telephone equipments that are automated. It also use limits the use of prerecorded or artificial voice messages, automatic dialing systems ,fax machines and SMS text messages .Telephone consumer protection act has also specified several requirements that are technical for auto dialer, fax machines and voice messaging systems with provisions requiring both contact and identification of the entity that is using device contained in the message.It is actually a law that has passed recently in some states protecting telephone users from harassing debt collectors who calls the wrong person.
On October 16, 2013, the rules were actually supplanted in part. Federal communication commission will now require a prior written and an ambiguous consent by any individual who receives calls from an automatic dialing systems (ATDS). The calls will include: mobile service commercial messages (MSCMs) text messages, pager, emails delivered to cell phones and any other wireless device. Any message that will be sent to any wireless device using automatic dialing system will actually be governed by the newly enacted telephone consumer protection act. Telemarketing messages that are pre recorded may no longer be actually sent to residential numbers or wireless numbers without a prior express consent that is written and also all telemarketing prerecorded messages must also be required to include interactive voice ,DNC automated and key press activated opt out mechanism that will terminate the call immediately. This actually eliminates previous exemption in telephone consumer protection act for calls to consumer residential land line especially if the caller had an established good business relationship with consumer. Companies which actually use automated systems for information purposes or for dept collection should actually consult with any legal professional so as to ensure that they fully comply with the new telephone consumer protection act.
As of October 16 2013, any marketer who will be sending any commercial messages to a pager, cell phone or any other wireless device whether SMS, voice or MSCM must actually do the following to avoid any liability.
1. Must identify the company in which the consent is being provided.
2. Must include the consumer cell phone number.
3. Must obtain affirmative written agreement
4. Conspicuously and clearly disclose that indeed the consumer is actuality authorizing the seller to engage in mobile marketing and telemarketing and authorize calls may be made with automatic dialing system
5. Disclose that indeed the sender is not required to give consent as condition of purchasing services or goods.
6. The consumer can also revoke his/her authorization to actually receive further messages or calls at any given time and such revocation doesn’t need to be in writing.
What is prior written express consent?
A prior written consent must actually be unambiguous and also cannot be inferred by the consumer’s mere click on a hyperlink on company’s website. The mass marketer should actually mandate the consumer to acknowledge by clicking ’agree’’ to a statement that says ’ I hereby consent to receive messages and telemarketing calls on behalf or from (company) the number provided below including my wireless number. I also understand that these messages and calls may be in form of MSCM or SMS and I also further understand that the consent is actually not condition of purchase.
Forms of consent
A. Physical forms like contracts/customer agreements order forms .Business reply cards must have a date and must be maintained by the seller but they can also be scanned and stored electronically.
B. Online forms like preference centers or lead generation and must include telephones numbers, names time and date of consent the URL of consent page and the consumers IP address containing exact consent language.
C. Emails that includes replies with consent or affirmation. The copies of emails must actually be maintained by the seller.
D. Mobile calls and text messages.
If in any case a dispute concerning consent arise, the advertiser will be the one who will actually bear the burden of proof to actually demonstrate that conspicuous and clear disclosure was actually provided and the consumer unambiguously consented to actually receive telemarketing calls to the number that he or she specifically provided. It is actually a good practice for advertisers to maintain written consent of each consumer for at least 4 years which is also the federal statute of limitation to bring action under the telephone consumer protection act. Also, evidence of internet provided written consent is applicable but not limited to a website page that actually contain fields and consumer consent language that are associated with screenshot of the consent webpage as seen by consumer where phone number was inputted and complete data record that is submitted by the consumer together with consumer IP address that is applicable.
What are the penalties when you fail to comply with the telephone consumer protection act?
The telephone consumer protection act actually provides for either statutory or actual damages ranging from $ 5000 to $1,500 per unsolicited message or call. In determining final amount to statutory or actual damages, courts do analyze whether the defendant knowingly or willfully violated the telephone consumer protection act. Potential damages under telephone consumer protection act may escalate very quickly considering that the telemarketing campaigns most of the times do involve thousands and in some cases millions of text messages and calls.
In conclusion, any telemarketing calls that are placed to wireless customers using automatic dialing system or any other prerecorded telemarketing messages that are delivered to residential landlines or to wireless without obtaining a prior written consent of the customer will most likely incur a telephone consumer liability and this started from October 16 2013. Businesses should actually revisit their telephone consumer protection act compliance policies if they want to avoid such liabilities. They should also stay apprised and know the latest legal developments in this area. If you are being harassed by dept collectors about someone else’s debt, you may contact us for damages and compensation.