Particularly today, people may accumulate bills. Some bill collectors do not follow the law and you can fight back. We will review two laws that can help protect you: the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).
1. Robocalls to Cellphone
Unless you have provided permission, robocall initiated with an electronic device are generally prohibited. You should advise that no calls should be initiated to your cellphone and after they continue, you may have several claims. Maintain a list of the dates of calls, and printout your phone record and if possible, take a picture of the caller ID to confirm the call date and time.
2. FDCPA Violation- Deception
It is a violation of Section 1692 of the FDCPA for a debt collector to use “any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.” 15 U.S.C. § 1692e.
A number of deceptions are possible including the false representation of “the character, amount, or legal status of any debt. Section 1692f prohibits debt collectors from: collecting amounts not expressly authorized by agreement or law; soliciting, accepting, or depositing postdated checks; charging individuals for communications by debt collectors; threatening nonjudicial action; communicating through post cards; and using any language or symbol except for the debtor’s address on envelopes. 15 U.S.C. § 1692f.
3. Cloaking Telephone Numbers and Debt Collection
One common one is cloaking, that is, displaying one telephone number while calling from another.
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