TIPS ON SPOTTING FDCPA – TCPA VIOLATIONS

Consumers generally ignore a lot of debt collection activity because it invades and disrupts their comfort zones.  Since the new FDCPA book is coming out shortly, I’d thought I’d share several of the most commonly-ignored FDCPA and TCPA violations that would give rise to litigation (a smattering of what’s in the new book).

Problems with initial communication … 

You receive an initial communication (letter in the mail) from a debt collector.  There is specific language in the debt collection letter that says: (a.) that the communication is from a debt collector; (b.) you have 30 days to dispute the validity or any portion thereof; and (c.) if you dispute the letter, within a certain timeframe, the debt collector must provide you with proof (judgment or other paperwork) identifying the validity of a debt (or the portion you are disputing).  Before the 30 days are up, your phone starts ringing and the debt collectors begin hounding you for payment.

Problems with threats of litigation … 

You have an overdue bill of $74.00.  A debt collection agency sends you a letter stating that if you don’t pay it, they’ll take you to court.  Debt collectors can’t threaten to take legal action that they don’t intend on taking in the first place.  The bill is too small to waste time paying attorney’s fees and costs of suit (which would exceed the amount of the bill itself).

Problems with misrepresentation of the character and status of a debt …

The most commonly complained about violations occur when a debt collector informs you that: (a.) it is not a debt collector, when in fact, it is; (b.) it is attempting to collect a legally unenforceable debt without disclosing that the statute of limitations has expired on the collection of it;  (c.) you receive various letters from the same debt collection outfit indicating amounts that are grossly exaggerated in each letter; or (d.) there is an indication that attorney’s fees have been added to the debt when in fact, no attorney was retained to collect the debt.

Problems with follow-up communication … 

You get repeated phone calls or texts, many times a day, from the same debt collector about the same debt, hounding you for payment.

The debt collector leaves a blatant debt collection message on your answering machine, which unauthorized third parties can hear if they happen to be around when you play your messages back.

The texts the debt collector leaves on your phone incur a fee every time they text you.

The debt collector manages to reach you and calls you names or uses other defamatory language.

The debt collector calls you at work, talks to one of your co-workers and tells them you’re a deadbeat, asking if they can relay a message to have you call the debt collector back.

Third-party junk debt buyers are more likely to commit these infractions than most debt collectors; however, ALL debt collectors have one thing in common: Their activities are all covered under the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act!  Many homeowners are even using these laws to stop foreclosures!  Find out how they’re doing it in this book! 

There are many more of these types of violations specifically listed in the new book by Dave Krieger entitled,  FDCPA, Debt Collection and Foreclosures … which is at the press and will be released before the end of January!   Order your 256-page copy now!   This new book contains:

  • The latest version of the FDCPA!
  • The latest version of the TCPA!
  • Detailed explanations of how to spot debt collection violations!
  • A compendium of federal district, appellate and Supreme Court case citations, FDCPA-related references and research tools for case development!
  • PLUS … detailed FDCPA-related pleadings used by attorneys in both individual and class action lawsuits to formulate federal complaints!

… all in large, 14-point print for easy reading!

Visit the Clouded Titles website and order your copy today before the first run is all gone!  It will be shipped to you (USPS Priority Mail) as soon as it comes off the press!

 

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3 Comments

Filed under FDCPA Education

3 responses to “TIPS ON SPOTTING FDCPA – TCPA VIOLATIONS

  1. Dave: Is this going to be available .pdf or Kindle so we can read electronically? No time to sit with a book – and try to work on a computer drafting at same time – looking forward to reading it – hopefully it will be available on Amazon! Thanks

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  2. Julie

    Loved your first book, looking forward to this one as well. Hey, I’ve been fighting NationStar for the past 4 years and was wondering how I find out more about the trust my home became a part of. As far as who was the insurer? Or IRS phone numbers to inquire about remic status, or how the hell BNY Mellon can foreclose on me on behalf of the investors, when the prospectus specifically states they have No Recourse? The trust is FHAMS 2005-AA8, please help, my attorney is done fighting, so now I have to on my own. Thanks!

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