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5 Laws Creditors Don't Want You to Know Creditors seem to hold all the cards, but the law says otherwise. Today, we’re going to put an ace (or five) in your sleeve and empower you to play a strong hand against abusive creditors. Read on to turn problems into settlements.
FDCPA - Fair Debt Collection Practices Act Background: The FDCPA was passed to protect you from the abusive tactics used by so many companies when collecting debts. Case Criteria: Calls Calls Calls Calls
between 9pm and 8am in your time zone to any unauthorized third party, including your employer, family and friends after you have retained an attorney after you have told them to stop in writing
Getting Started: Keep EVERYTHING. Any letters, voicemails, emails or call logs will be very helpful in proving your case. Get a digital copy of your phone records and your credit report to prove the illegal harassment you’ve received. Remember that the law is here to make people empowered against their harassing creditors.
FCRA - Fair Credit Reporting Act Background: Some companies think that they can push you into paying by putting false information on your credit report. Though it is your responsibility to monitor your credit, companies are responsible for submitting complete, accurate information. When they don’t, Wilcox Law goes to work. Case Criteria: Inaccurate dates, amounts, entities or entries on your credit report
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Against a wall? Give us a call Fax & Main - 888.WILCOX.LAW
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Getting Started: As we’ve said before, pull your credit report. Keep in mind that your report is constantly evolving, and it’s wise to keep your eye on reports from Experian, TransUnion and Equifax. Consider using a service like c reditkarma.com so you can easily see how your credit report has changed and immediately dispute any inaccuracies.
TCIDA - Truth in Caller ID Act Background: Wait, there’s an act for caller id? Why? The TCIDA is useful as a part of discovery in your claim. Though it does not come with damages for you, the client, it empowers you by putting the full weight of the FTC behind your claim. Case Criteria: Calls from numbers you suspect to be “spoofed”, “masked” or blocked Getting Started: The TCIDA is pretty straightforward. It’s up to the harasser to prove each number they’ve used or face the consequences from the FTC. Truth in Caller ID Act demands are part of any powerful consumer-protection strategy; be sure to ask your lawyer about it.
FDUTPA - Florida Deceptive and Unfair Trade Practices Act Background: One of our favorite laws in spirit. FDUTPA was passed to help empower you to hold deceptive companies accountable for their shady deeds. We see FDUTPA violations left and right with residential mortgages. For instance, has your bank offered you a modification payment and then not accepted that payment, resulting in a tough financial situation for you? If so, you have a claim. Case Criteria: A company offered to do business with you on certain terms The company was then unwilling to honor or was deceptive with those terms You have suffered a loss as a result of these unlawful practices Page 2 of 4 721 F irst Avenue North | Suite 100 | Saint Petersburg, Florida 3 3701 | F ax & M ain - 8 88.945.2695
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Getting Started: Though claims under FDUTPA can vary quite a bit, a good start is to get a copy of any agreement you have with the company. Did you sign any documents? Do you have any receipts? Do you have records of any conversations with this company, such as a voicemail or letter? Each of these will be powerful evidence in your claim and keeping accurate records can only increase your chances of success.
TCPA - Telephone Consumer Protection Act Background: The TCPA is our Big Kahuna. All of the above Acts are helpful, but this Act is how Wilcox Law really plays to win. The TCPA is frequently violated by debt collectors who think that h arassing you is going to get them paid. The trouble is, they’re often correct, and t hat’s why breaking the law is just a business decision for them. It’s also a business decision for you. If successful in your claim, e ach call is worth up to $1500 under TCPA. Some clients have 20 calls, and others have hundreds. How many do you have? Case Criteria: You w ere c alled o n your cell phone You w ere c alled w ithout your consent You w ere c alled u sing an autodialer Getting Started: It’s fairly simple to tell if you have a TCPA claim by looking at your cell phone records and a recent copy of your credit report. An attorney skilled in consumer protection will then help you demand that the harassment cease and, if appropriate, begin moving to settle your case.
Page 3 of 4 721 F irst Avenue North | Suite 100 | Saint Petersburg, Florida 3 3701 | F ax & M ain - 8 88.945.2695
Against a wall? Give us a call Fax & Main - 888.WILCOX.LAW
[email protected]
Wrap Up Now that you know the law is on your side, you can fight back against abusive debt collectors. Wilcox Law is dedicated to empowering clients and helping YOU settle alleged debts. Give us a call or w rite us an email. We’d love to learn m ore about you, your case and how we can e mpower you to take control of your credit!
Against a wall? Give us a call. 888.WILCOX.LAW
Additional Resources Here are links to each of the above Acts. Feel free to download them and use as you see fit. After all, this is your tax dollars at work! TCIDA - Truth in Caller ID Act TCPA - Telephone Consumer Protection Act FDCPA - Fair Debt Collection Practices Act FCRA - Fair Credit Reporting Act FDUTPA - Florida Deceptive and Unfair Trade Practices Act
Page 4 of 4 721 F irst Avenue North | Suite 100 | Saint Petersburg, Florida 3 3701 | F ax & M ain - 8 88.945.2695