Thursday, September 16, 2010


Feeling powerless when it comes to your creditors calling you on the phone at home at work or on your cell phone?  Have they called your friends or family members and embarrassed you? The only way they are going to stop is if we all band together, know our rights, and fight back!

Under the Telephone Consumer Protection Act it is illegal to use an autodialer in certain instances.  The fines against the collection agency can range go as high as $1,500 a phone call!  You should know that it is illegal for them to call you on your cell phone, unless that is the only number you have provided.  To be sure. . . the next time you get a call on your cell phone, give them your new "MAGICJACK" phone number or home number where calls can be screened and demand that they not call you on your cell phone any more.  Get their name and fax number if you can and fax them a note to that effect as well.  Once you have that documentation, if they do it again, document the phone call and head to the nearest small claims court.  The filing fee is small but the satisfaction of stopping a collection agency from engaging in this unlawful behavior is HUGE!

I say its time to stop cowering to the banks, lenders, collection agencies and their ilk.  Time to stand up and know and enforce our rights.  We shouldn't have to live in fear of answering our telephone, fear that our employers, friends and family members will be told of our indebtedness and embarrassed by the collectors' remarks.

It is time to educate your family members.  Ask your family members to let you know when a collector has called them to ask about information regarding you and your debt.  Let them know that if an autodialer calls them regarding your debt that is an IMMEDIATE VIOLATION of the act!  If the collector knows (because you have written to them previously providing them with the only phone number they may contact) this can be a fine of $1,500.00.  Perhaps enough to pay off the debt you owe!  
You can find out if a collection agency has been calling family members and friends simply by subpoenaing the records.  At $1,500.00 a fine our office is willing to partner with you to put a stop to the harassing phone calls until you can get back on your feet or file your bankruptcy and get your financial fresh start.  My office can help you with both.