Attorney at Law
If you are contacted by a debt collection company, it has the obligation to disclose to you: the amount of the debt you allegedly owe, the source of the debt, and the loan documents that support the debt. The collection company must give you the right to contest the debt. You have the right to … Read more
Under the Fair Debt Collection Practices Act (FDCPA), a collections company may not leave a message with a third party that will induce you, as a debtor, to call back. Often times, collection companies intentionally call third parties, employers, parents, spouses and leave messages that identify that you owe a debt, and create a sense … Read more
The Telephone Consumer Protection Act (the “TCPA”) was passed in 1991 to protect the consumer from constant telemarketing calls. The TCPA prohibits making telemarketing calls using an artificial or prerecorded voice to a residential telephone without prior express consent or an artificial or prerecorded voice to a wireless telephone number without prior express consent. If … Read more
The following is an accurate transcription of a message received by my client: This is a message for Mr. _______ The Call is for Mr. ________. Mr. ________, contact me, Investigator _____. I am giving a call regarding a case of fraud filed and documented in my office with your name attached to it. I … Read more
Within five days of first contacting you, a collection company must inform you of: The amount of the debt you owe, The name of the creditor to whom the debt is owed, A statement to the effect that unless the debtor, within thirty days after receipt of the notice, disputes the validity of the debt, … Read more
Debtor’s rights Collection companies pursue debt collection attempt to create a sense of urgency in the debtor by: constantly calling you many times in a single day, constantly calling employers or third parties, or third parties such as your parents, close family, or friends to tell them you have important matters to attend to, Claiming … Read more
As a debtor you have rights. You are protected by both state and federal law. If a collection company violates any state or federal law, you can receive at a minimum $1,000 per violation. Arizona’s fair debt collection practices act as well as Federal law protects your rights as a consumer debtor. They are: The … Read more