Fair Debt Collection Practice Act /Telephone Consumer Protection Act Claims
Bankruptcy can put an end to creditor harassment. However, a consumer bankruptcy is not always appropriate. Sometimes the real issue is harassment by an unruly debt collector. When that is the case, it is important to take legal action against a debt collector who attempts to collect a defaulted consumer debt in an untrue, unfair, undignified, or disrespectful manner.
The Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) protect consumers from creditor harassment. You have rights under these Acts, and you may be able to recover compensation for the harm caused. Under the FDCPA, if a debt collector collects on a defaulted debt in an untrue, unfair, undignified, or disrespectful manner, you may be able to recover $1,000 in statutory damages. Under the TCPA, a robodialed call can entitle you to recovery of $500–$1,500 per call.
How do you know that your rights have been violated?
It’s a good idea to talk with a lawyer when:
- The debt collectors’ conduct affects your job, family, privacy, or drives you to consider filing bankruptcy;
- If you are being robodialed and you have not given express consent to the person calling you allowing him or her to contact you in this manner; or
- If collectors are harassing you with nasty collection calls, especially if they are using profanity, making threats, or calling you early in the morning or in the middle of the night.
Contact The Law Offices of Alexzander C. J. Adams, P.C.
Talk with Portland attorney Alexz Adams. To get started, schedule a free and confidential telephone consultation at no obligation. Call us at 503-278-5400 or toll free at 888-560-8146. You may also complete our online contact form. Our law office is located in Beaverton, just outside of Portland, Oregon.