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Practice Areas - Unfair Debt Collection

It's no secret that debt collectors may cross the line in an over-zealous effort to collect. We believe that unfair debt collection cases are fertile ground for class action lawsuits against unethical collection companies.

For a free copy of the FTC's Guide to the FDCPA, click here.

California's Rosenthal Act and the federal Fair Debt Collection Practices Act (FDCPA) provide important protections for people against overly aggressive and harassing debt collectors. Listed below are some of the common violations committed by debt collectors. If a debt collector has engaged in any of these tactics with you, please call or email us today for a free case evaluation.

Debt Collectors cannot:

1. Telephone you an unreasonable number of times;
2. Telephone you at an unusual time or place;
3. Use profanity or threatening language;
4. Pretend to be affiliated with a government organization;
5. Talk about your debts with other people;
6. Continue to contact you after you give them written notification that you do not want to be contacted;
7. Accuse you of committing a crime;
8. Fail or refuse to identify who they are;
9. Call you before 8:00 a.m. or after 9:00 p.m.;
10. Use deceptive methods to collect a debt;
11. Contact you at work after being told not to;
12. Engage in harassing, oppressive or abusive contact;
13. Use or threaten violence or physical harm to you or anyone else;
14. Cause your telephone to ring repeatedly;
15. Falsely represent that they are an attorney or law firm;
16. Sue you in any other county except where you signed the contract.

If a Debt Collector engages in any of the above unlawful acts, they be liable to you for statutory damages up to $1,000, plus any actual damages such as stress, anxiety, or shame, PLUS your attorney fees and costs. Please contact us today if a debt collector has engaged in any of these tactics with you.

TCPA – Robo-Dialing

A little-known federal law called the Telephone Consumer Protection Act (TCPA) restricts companies from using an auto-dialer to place pre-recorded messages to a person's cell phone. Not surprisingly, many debt collection companies either knowingly, or unknowingly violate the TCPA. If you've received a pre-recorded message on your cell phone from a debt collector, we would be very interested in speaking with your further. Please call us today.