Creditor Harassment FAQ
One of LeavenLaw's primary practices is the representation of consumers
in actions brought under the federal Fair Debt Collection Practices Act
and the state of Florida Consumer Collection Practices Act. Our attorneys
handle unlawful debt collection cases on both an individual and a class
Fair Debt Collection Practices (FDCPA)
Florida Consumer Collection Practices (FCCPA)
Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act ("TCPA") and other related
laws regulate unwanted telemarketing calls, junk faxes, and unwanted text
messages to cell phones at the recipient's cost. Specifically, the
TCPA and other regulations make it illegal for advertisers to make calls
using automatic telephone dialing systems or artificial or prerecorded
voice systems to cell phones or to residential phone lines without consent
of the called parties. The TCPA allows private actions by persons subjected
to the prohibited conduct to recover up to $500 per violation, or $1500
if the violation was willful.
Unlawful Car Repossessions
State laws provide detailed rules for lenders who wish to repossess a vehicle.
These rules relate to:
- who can repossess the vehicle and when;
- the timing and content of the notice of repossession;
- the commercial reasonability of a post-repossession sale; and
- the calculation of any delinquency.
Many times, these rules regulating repossessions are overlooked. An unlawful
car repossession can be the basis of a lawsuit under state and federal
credit reporting, debt collection, or unfair trade practice laws (i.e.,
Florida Deceptive and Unfair Trade Practices Act).
The federal Truth in Lending Act ("TILA") protects consumers
from overcharges and other undisclosed "costs of credit". Other
federal lending laws such as the Equal Credit Opportunity Act ("ECOA"),
which protects against credit discrimination and the Real Estate Settlement
Procedures Act ("RESPA"), which prevents kickbacks and bait-and-switch
lending, exist to help borrowers in the often complex area of loans and
consumer lending. Several state laws also provide protection for borrowers.
Due to the level of unfair and abusive debt collection practices undertaken
by debt collectors and creditors (debt collection complaints are one of
the most frequent complaints the FTC receives each year from consumers),
LeavenLaw has established a website specifically dedicated to fair debt
collection issues and legal developments.
For more information on creditor harassment and how to remedy it, please
also visit our website on Consumer Rights or seek a Free Evaluation today!