Are you being bombarded with debt collection calls? It is incredibly overwhelming and stressful to constantly receive these calls. The fortunate news is that you have rights and protections under the Telephone Consumer Protection Act (TCPA). This federal law regulates the use of automated dialing systems, pre-recorded messages, and text messages for telemarketing as well as debt collection purposes. However, standing up for your rights under the law is not always easy.
If you believe that your rights under the TCPA have been violated by debt collection calls, reach out to our TCPA attorney at the Law Offices of Jibrael S. Hindi.
The Telephone Consumer Protection Act was enacted in 1991 to protect people from being bombarded with unsolicited telemarketing phone calls. Over time, it has also been applied to debt collection calls as well. The TCPA restricts companies from using automated dialing systems, recordings, and auto-dialers for debt collection purposes without the consent of the recipient. It also prohibits the use of artificial or pre-recorded voice messages to contact consumers for debt collection purposes.
Under the TCPA, debt collectors must obtain the express written consent of the consumer before using automated dialing systems or recordings for collection phone calls. Written consent can be in the form of a physical or electronic signature, a recorded oral consent, or an online form submission. Without consent, debt collectors are not allowed to make non-emergency debt collection calls using automated dialing systems or recorded messages.
If your rights under the TCPA have been violated, you can take legal action against the company attempting to collect on your debt. The TCPA provides for statutory damages, which means that you may be entitled to receive a certain amount of money for each violation. In some cases, you may also be eligible for actual damages, which can include compensation for any harm or inconvenience caused by the debt collection calls. Additionally, if a debt collector has willfully or knowingly violated the TCPA, you can often seek punitive damages.
It’s important to note that there is a statute of limitations for TCPA claims. In most cases, you have up to four years from the date of the violation to file a lawsuit. However, as a consumer protection lawyer, we recommend that you take action as soon as possible to best preserve evidence and ensure that your case is filed on time.
If you are in Florida and believe that your rights under the TCPA have been violated by debt collection phone calls, get in touch with the Law Offices of Jibrael S. Hindi. Our experienced legal team is well-versed in consumer protection laws and can provide you with the necessary legal assistance.
Contact us to schedule a free consultation and case review with an experienced consumer protection lawyer. Let us help you put an end to those burdensome, disruptive debt collection calls and protect your rights.