Federal laws require creditors to operate in a very specific manner, and if they deviate at all, they will be liable to you for each call or letter they make that is out of compliance. Many creditors choose to disregard the law. If they do, they can be liable to you for $1,000 or $1,500 per call (depending on the law they break). For example, recently a Texas woman was awarded $229,500 for numerous phonecalls that were out of compliance.
Examples of actions that may violate the law:
- Continuing to call after you've asked them to stop, especially if they are calling the wrong person
- Calling your cell phone
- Masking/spoofing your Caller ID
- Failing to immediately giving the caller's name, the FULL company name and the nature of their business, as well as failing to state that "they are attempting to collect a debt and any information obtained will be used for that purpose."
- Leaving voicemails without giving the caller's name, the FULL company name and the nature of their business
- Mailing letters, the envelopes of which have any language or symbol other than the debt collector's address
- Representing they are with a court, federal or state agency or that they are going to sue you
To prevail on a claim against a debt collector, YOU NEED EVIDENCE:
1) Record all calls from known creditors and unknown numbers from the beginning of the call (if your state laws allow - Texas allows you to record your own calls) (this is as easy as finding a phone app or using a tape recorder).
2) Make a log of all calls received, regardless of whether you answer them or not.
3) Store all voicemails and Caller ID logs from creditors (taking a photo/screenshot of the caller id would be helpful as well).
Can I afford an attorney?
In many cases, the law allows for payment of attorney fees and costs to be paid by the offending caller. If you have collected at least some of the evidence as noted in the section above, we will likely take your case at no cost to you. The debt collector will have to pay our attorney fees and costs if we win or settle. Contact us to find out more.
A note about the links below: they are to external websites that Law Office of Jason A. Nordsell has not validated. Law Office of Jason A. Nordsell provides these links as examples and does not endorse any specific product or service. While Texas allows you to record your own calls, your state may not.
Principal office located in Addison, Texas
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