by admin | Jul 1, 2015 | FDCPA |
The Federal Fair Debt Collection Practices Act or FDCPA The Fair Debt Collection Practices Act is a Consumer Protection amendment, approved on September 20, 1977, which establishes legal protection for consumers from abusive debt collection practices. It also protects reputable debt collectors from unfair competition and encourages consistent state action to protect consumers from abuses in debt collection. How does the FDCPA protect consumers? • FDCPA prohibits debt collectors from using deceptive or unfair tactics. • Regulates what time of day debt collectors can contact you. • It requires collectors to honor your request not to contact you at specific times or places. • The FDCPA only applies to third party debt collectors. Click here for more information on “Prohibited Conduct” for Debt Collectors. Prohibited Conduct Rules Click here for more information on “Required Conduct” for Debt Collectors. Required Conduct Rules What regulatory Agencies enforce the FDCPA? Traditionally the Federal Trade Commission (FTC) has the administrative authority to enforce the FDCPA under the Federal Trade Commission Act. The recent down-turn(the Great Recession) in our economy forced the government to re- evaluate their approach. A new consumer Financial Protection Agency known as the Consumer Financial Protection Bureau, or CFPB, was created in 2010. More often than not aggrieved consumers may choose to file a private lawsuit in a state or federal court to collect damages (actual, statutory, attorney’s fees, and court costs) from third-party debt collectors. The FDCPA is in fact a strict liability law, which means that a consumer need not prove actual damages in order to claim statutory damages of up to $1,000 plus reasonable attorney fees if...
by admin | Jul 1, 2015 | TCPA |
The Telephone Consumer Protection Act of 1991 (TCPA) was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. 227. The TCPA restricts telephone solicitations (i.e.,telemarketing) and the use of automated telephone equipment. The TCPA limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines. It also specifies several technical requirements for fax machines, autodialers, and voice messaging systems—principally with provisions requiring identification and contact information of the entity using the device to be contained in the message. TCPA violations are often be combined with FDCPA violations(see next tab), as a debt collector may use an automatic dialing system to call your cell phone in order to collect a debt. The statutory penalties for a violation of the TCPA are $500 per violation and up to $1,500 per violation for a purposeful...
