Pending Class Action Lawsuits
Tercia Pereira v. Santander Consumer USA, Inc.
Lee v. Greenspoon Marder, P.A.
Lusskin v. Rick’s Cabaret Int'l, Inc.
Chignoli v. Allied Interstate, LLC
Practice Areas
- FDCPA Violations
- Debt Collection Defense
- Condo & HOA Liens
- Mechanic's Liens
- Class Action Lawsuits
- Arbitration Awards
- ATM Violations
- TCPA Violations
- Text Messages
- Junk Faxes
- FACTA Violations
- Wage & Bank Garnishment
Defending debt collection lawsuits and suing abusive debt collectors under the FDCPA
The Telephone Consumer Protection Act of 1991 (42 U.S.C. § 227)
The Telephone Consumer Protection Act of 1991 (TCPA) became federal law in 1991. The TCPA governs the conduct of telemarketers and often debt collectors. The TCPA restricts the use of automatic dialing systems (also known as autodialers or predictive dialers), as well as artificial or prerecorded voice messages, SMS text messages received by cell phones, and the use of fax machines to send unsolicited advertisements. A consumer is unlikely to know if a call to his or her cellular telephone was initiated using an autodialer - they will sound like any other phone call. A call imitated using an autodialer may have a live person on the other end. However, keep this in mind: in order for a debt collector or telemarketer to maintain a volume operation, they must make thousands of telephone calls each day - so, if you are getting calls from a debt collector or telemarketer on your cellular telephone, there is a good chance they are violating the TCPA. In accordance with the TCPA, consumers are entitled to collect damages ranging from $500 to $1,500 for each call, fax, or text message which violates the TCPA.
Examples of Common TCPA Violations
Unless a consumer has previously given express consent, it is generally a violation of the TCPA for a business to engage in any of the following conduct:
- Debt collector and/or telemarketing calls made to your cellular telephone which were initiated by the use of an autodialer.
- Debt collector and/or telemarketing calls made to residences which were initiated by an artificial voice or a prerecorded message.
- Debt collector and/or telemarketing calls made to your cellular telephone which were initiated by an artificial voice or a prerecorded message.
- Sending unwanted fax messages which solicit or promote a business (i.e. junk faxes).
- Sending unwanted business advertisements via text messages to your cellular telephone.
Banks vs. Consumers (Guess Who Wins)
The business of resolving credit-card disputes is booming. But critics say the dominant firm favors creditors that are trying to collect from unsophisticated debtors
Dateline NBC Exposes the Sleazy Debt-Collection Industry
In some splendid investigative reporting, Hansen shows just how brazen third-party debt collectors can be. In one case, a collector threw a string of insults at a consumer. In another, a collector indicated that an alleged debtor was going to be thrown in jail.
Credit card companies can be as slippery as a handful of greased Jell-O. They have all kinds of tricks to gouge your wallet and drive up your bill. While arguably unfair, all these tricks are legal, leaving you no alternative but to stay as informed as possible to protect yourself.
Aggravated Cardholder Turns The Tables
This is the story of one man who, in some small way, is fighting back. It's the story of a man who, driven by the sarcasm of another, decided take on the system.