The Battle of Fair Debt Collection vs. Bad Debt Collectors Rages On

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Complaints against collection agencies and bad debt collectors continue to rise according to consumer research and national consumer law firm Weisberg & Meyers, LLC, Attorneys for Consumers. Most consumers are not aware of their rights under federal and state consumer protection laws, or that legal help is available for dealing with bad debt collectors.

The number one complaint received by the FTC in 2011 involves bad debt collectors and the alleged abusive and underhanded tactics used by collectors to get consumers to pay past due bills, according to the most recent FTC fair debt collection report. To make matters worse, the number of complaints continues to grow at an alarming rate each year. Many consumers are not aware of the protection afforded by the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA) and state consumer protection laws and that the laws provide for the right to seek legal help according to national consumer law firm Weisberg & Meyers, LLC, Attorneys for Consumers.

Savvy consumers looking for information about bad debt collectors and applicable laws can research their rights online and find and contact a consumer protection law firm on their own. Pursuing a claim against a debt collector can often result in cessation of the collection calls and letters, and compensation if the collector is found to be in violation of the FDCPA, TCPA or other state fair debt collection laws.

Weisberg & Meyers, LLC, Attorneys for Consumers, is a national consumer protection law firm dedicated to fighting bad debt collectors and their allegedly unscrupulous collection efforts, one debt at a time. By utilizing the Fair Debt Collection Practices Act (FDCPA) the Telephone Consumer Protection Act (TCPA), and state debt collection laws, the law firm has waged battle against debt collectors and collection agencies that violate these laws in an effort to stop the abusive collection practices and end the harassment for thousands of emotionally and financially distressed consumers.

The Telephone Consumer Protection Act (TCPA) prohibits calls to cell phones from debt collectors using an automatic telephone dialing system. The Fair Debt Collection Practices Act (FDCPA) allows debt collector calls to an alleged debtor only during specific hours and calls outside of those times are a violation. One Texas consumer allegedly received 4 cell phone calls on Easter Sunday from a debt collector according to court documents in a case filed in the U.S. District Court for the Northern District of Texas, Dallas Division. (Case 3:11-cv-02338-D)

Another Weisberg & Meyers, LLC case filed in the U.S. District Court for the Southern District of Texas, Houston Division (Case 4:11-cv-02869), concerning alleged debt collector misconduct, involves the father of a Texas consumer allegedly receiving numerous, repeated phone calls from a debt collector about his son’s alleged debt. The Fair Debt Collection Practices Act allows a debt collector to contact a third party such as a friend or relative, one time only, in an effort to correct or confirm location information, and contact with that third party must end after one attempt and the details regarding the existence and nature of the debt must not be disclosed. In one instance the same collector allegedly pretended to be a friend of his son and requested his son’s cell phone number claiming she had misplaced the number. The FDCPA does not allow contact to a third party under false pretenses.

Advanced technology including social media websites such as Facebook and SMS text messaging have opened up a new venue for debt collector contact according to online consumer research. The Fair Debt Collection Practices Act and the Telephone Consumer Protection Act were enacted before either of these forms of communication were in place, thus the need for stronger, well defined protection regarding the use of newer technology by the collection industry, is imminent.

Weisberg & Meyers, LLC, Attorneys for Consumers managing attorney Marshall Meyers has represented and continues to represent consumers alleging a plethora of FDCPA and TCPA violations against some of the largest names in the debt collection industry including Encore Capital Group, NCO Portfolio Management, Portfolio Recovery Associates LLC and many more. According to attorney Meyers, “Debt collectors and collection agencies view breaking the law as a necessary cost of business. They count on consumers being unaware of their rights, and also unaware that their rights are being violated. To collectors, it seemingly will always be more profitable to break the law than comply.”

Thus, the battle of fair debt collection vs. bad debt collectors rages on.

About Weisberg & Meyers, LLC, Attorneys for Consumers

Weisberg & Meyers LLC, Attorneys for Consumers, is a nationally recognized consumer law firm, has attorneys licensed to practice in Arizona, Colorado, Florida, Georgia, Illinois, New Jersey, New Mexico, New York, North Carolina, Oklahoma, South Carolina, Tennessee, Texas and Washington, and works with attorneys throughout the country to protect the rights of aggrieved consumers. The Firm’s diverse practice includes claims under the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA), as well as violations of the Telephone Consumer Protection Act (TCPA), Truth In Lending Act (TILA), the Electronic Fund Transfer Act (EFTA), Fair Credit Billing Act (FCBA), Equal Credit Opportunity Act (ECOA), Consumer Leasing Act, Credit Repair Organizations Act, (“CROA”) and State Unfair and Deceptive Practices Acts (UDAP’s). The Firm also offers Debt Settlement services, prosecutes Class Action Lawsuits, and handles Breach of Warranty, Lemon Law and Consumer Fraud Claims.

Media contact:
Marshall Meyers
Weisberg and Meyers, LLC
888-595-9111 Ext: 111

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