Tag Archives: debt collector

Student Loan Borrowers – Watch Out for Harassing Debt Collectors!

We have all heard that student loan debt is a huge problem facing our nation. Students are graduating from college with thousands of dollars in student loan debt and then they struggle to find a decent paying job in their chosen field. To add salt in this wound, the graduates are also being harassed by debt collectors.

Defense Against Debt Collection Brevard County

Defense Against Debt Collection Brevard County

The debt collection industry is increasingly focusing on student loan debt. Not only is the mortgage crisis coming to an end which is slowing down the collection efforts on those types of loans, but student loans are difficult to discharge in a personal bankruptcy filing. In order to eliminate your student loan debt in a Chapter 7 or Chapter 13 case, you must prove an “undue hardship,” which is a tough standard to meet. As a result, the debt collection agents understand that there is no real option for a student loan borrower to obtain relief from their harassing and abusive tactics.

The government has made some small strides in deterring abusive conduct by student loan debt collectors, but it is obvious that more extensive efforts are necessary. For instance, it is time for the burden placed on students attempting to discharge their student loan debt in a bankruptcy filing to be lowered.

While there is not a simple answer for graduates who are facing an overwhelming amount of student loans, if you are being harassed by debt collectors, let us help. We can look to see if a debt collector is violating your rights under the law in its collection efforts. If so, we may be able to file a lawsuit against the collector seeking a monetary judgment. Additionally, while you may not qualify to discharge your student loans in bankruptcy, filing a case can still provide you relief. Not only will the automatic stay prevent further collection efforts against you, but you may also be able to create a more manageable repayment plan under Chapter 13.

Contact Faro & Crowder, PA to learn about filing for Bankruptcy Protection

If you have questions about filing for bankruptcy protection or how to handle aggressive debt collectors, we have the answers. Call us today to schedule your initial consultation. Our office is located in Melbourne, but we proudly serve individuals and businesses across the State of Florida.

Name (required)

Email (required)

Phone Number (required)

Briefly Describe Your Legal Concern

How to know if Debt Collectors are Violating the Law

Debt Collection Violation Law

Defense Against Debt Collection Attorneys serving Palm Bay

The debt collection industry is well-known for its harassing tactics used to persuade consumers to pay their debts. As a result, an important set of laws called the Fair Debt Collection Practices Act (FDCPA) was passed to provide consumers with a variety of protections from creditors using deceptive or abusive practices in their collection efforts.

Under the FDCPA, a debt collector is defined as an individual or entity that regularly collects debts owed to others. Collection agencies, lawyers who routinely collect debts and debt-purchasers may all be included in this definition.

According to the FTC website there are a wide variety of actions that are prohibited, including the following:

  • Unfair practices. A debt collector must act fairly and legally when attempting to collect a debt from you. Examples of prohibited unfair practices include attempts to collect additional amounts that are not permitted by law or contract, depositing post-dated checks early, threatening to seize your property when it cannot be done legally, or contacting the consumer regarding the debt by postcard or other public means.
  • Harassment. A debt collector is prohibited from threatening violence, using profane language or repeatedly calling you in an effort to annoy you into making a payment. Also, a collector cannot threaten to add you to a published list of people who have refused to pay their debts.
  • False statements. A debt collector is prohibited from lying about who they are or who they work for. They must tell you the truth regarding the amount that you owe and actions they will take against you. It is unlawful for the collector to claim that you have committed a crime by not paying your debt. The documents that a debt collector sends to you must also be true and correct. Any information provided by the collector to a third-party, such as a credit reporting bureau, must be true.

Dealing with debt collectors can be stressful. If you believe you are being illegally harassed or you are ready to take action to handle your debt, let us help. We can review your individual financial situation and help you understand all of the debt relief options available to you.

If you have questions about filing for bankruptcy protection, we have the answers. Call us today to schedule your initial consultation. Our office is located in Melbourne, but we proudly serve individuals and businesses across the State of Florida.


Ways Debt Collectors Violate Your Rights

Defense Against Debt Collection - Brevard County

Debt Collection Harassment – Brevard County

When you fall behind on your bills, it doesn’t take long before you are being harassed by debt collectors. Whether you owe the debt or not, it is important that you understand your rights under the law. The Fair Debt Collection Practices Act (FDCPA) is an important law that prohibits debt collection agents from using unfair, deceptive or abusive tactics to get consumers to pay their past due accounts.

The FDCPA specifically applies to “debt collectors” which is defined as an individual or entity who routinely collects debts owed to others. This means that the statutes apply to collection agencies, lawyers who regularly collect debts and debt-buyers.

According to the FTC website, the following are examples of prohibited collection actions:

  • Harassment. A collector cannot harass a consumer by threatening violence, using profane language, or calling the debtor repeatedly to annoy him into making a payment. A debt collector is prohibited from threatening to publish the consumer’s name on a list of people who refuse to pay their debts.
  • Unfair practices. There are a variety of ways a collector can engage in unfair collection practices. Common examples are attempting to collect additional fees that are not allowed under the contract or by law, depositing post-dated checks early, or making threats to seize the borrower’s property when the collector has no such right.
  • Deceptive statements. A debt collector is prohibited from lying about who they are or who they work for. A collector must truthfully tell you the amount you owe. Further, the collector cannot lie about actions they can take against you or falsely claim they will have you arrested for not paying your debt. Finally, a collection agent is prohibited from providing false credit information to any other parties, including credit reporting bureaus.

Contact your Brevard County Bankruptcy Attorneys today for a free initial consultation

Consumers deserve to be treated with respect and honesty. If a debt collector is taking any of the above actions against you or is otherwise harassing you, contact the legal team at Faro & Crowder, PA, for the advice and guidance you need.

Can a Debt Collector Call My Cell Phone?

If you are past due on your bills, you are probably being harassed by debt collectors. You are probably aware that the law prohibits collectors from using certain harassing and abusive tactics to collect debts. One of the most common ways that collectors violate the law occurs when they contact a debtor on his or her cell phone without permission to do so.

Debt collector calling cell phone | Melbourne, Florida

Most debt collectors use an auto-dialing service to contact borrowers. You may be familiar with this type of call – there is typically a pause after you answer the phone while the computer transfers the call to a human to talk to you. In some cases, there is a pre-recorded message. If you have not provided the collector with permission to contact you on your cell phone, this type of call may be a violation of the Telephone Consumer Protection Act (TCPA).

How do you know if a collector has violated the TCPA? We must investigate whether or not you provided the collector with authority to contact you on your cell phone. Many times permission is given when you fill out a loan application form and provide your cell phone number as a means for contacting you. However, if you did not give the collector permission to contact you on your cell phone, the use of an auto-dialer to call your cell phone may be a violation of the TCPA.

It is important to understand that if you revoke your permission for the collector to contact your cell phone, you can do so by sending a written revocation letter. It is important to send the notice that you are revoking your permission by certified mail, return receipt requested, to the collector. This is important for proving that the collector received the revocation letter. If you cannot remember whether or not you gave the collector permission to call your cell phone, you should send a revocation letter and demand that they stop auto dialing your cell phone. In the majority of the cases, your revocation letter will make the calls to your cell phone stop. However, if the collector ignores your request and continues to auto-dial your cell phone, you could be entitled to recover $500 to $1500 per call.

Contact Faro & Crowder, PA – A Brevard County Law Firm

If you believe a collector is violating the TCPA, the legal team at Faro & Crowder is ready to help. Our office is located in Melbourne, but we proudly serve businesses across the State of Florida.

Faro & Crowder, PA
Phone: 321-784-8158
Address:
1801 N. Sarno Road, Suite 01
Melbourne, FL 32935
Email: info@farolaw.com

What is a Debt Collector Prohibited from Doing?

If you are facing financial difficulties and debt collectors have started calling, it is important that you understand what your rights are under the law. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using unfair, deceptive or abusive practices when trying to collect a debt from an individual borrower.

Debt Collector | Brevard County Bankruptcy Attorney

What Is a Debt Collector?

A debt collector, as defined under the FDCPA, is a party who regularly collects money owed to others. Included in this definition is collection agencies, lawyers who routinely collect debts, and companies that buy past due accounts and attempt to collect on them.

There are a variety of tactics used by debt collectors that may be considered unfair or abusive. The FTC website provides extensive information regarding the actions that are prohibited under the law.

Below are a few of the more illegal common practices you should be aware of when dealing with debt collectors.

It Is Illegal for a Debt Collector To:

  • Attempt to collect additional amounts that are not permitted by the contract you signed with the creditor or under the law
  • Falsely claim that the borrower has committed a crime by not paying the debt
  • Use profane language when talking to the borrower
  • Deposit a post-dated check before the date on the check
  • Threat to publish the borrower’s name on a public list if the debt is not paid
  • Lie about the amount owed
  • Threaten to seize the borrower’s assets unless it can be done legally
  • Contact a borrower by postcard and revealing confidential information
  • Threaten violence if the debt is not paid
  • Call the borrower repeatedly in an attempt to annoy the borrower into paying
  • Lie about who they are or who the work for
  • Provide false credit information about the borrower to third parties

Contact Faro & Crowder today

If you are being harassed by a debt collector in one or more of the above ways, contact us for help. We will investigate whether the debt collector is legitimate (and not a scam artist) and make the illegal collection activity stop. In certain circumstances, you may be able to recover damages for the debt collector’s illegal activity!

Services Areas

We provide services throughout Central Florida including: Melbourne, Titusville, Palm Bay, Merritt Island, Cocoa, Cocoa Beach, Satellite Beach, West Melbourne, Cape Canaveral, Viera and Eau Gallie.

Get In Touch with Faro & Crowder, PA

Faro & Crowder, PA
Phone: 321-784-8158
Address:
1801 N. Sarno Road, Suite 01
Melbourne, FL 32935
Email: info@farolaw.com

The information on this blog or any blog is not intended as, and should not be taken as, legal advice.

Contact Us For A Free Consultation






css.php