Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (TCPA) was passed in 1991, restricting the use of sending unsolicited advertisements via the telephone or cell phone. This Act can also apply to creditor harassment. If you are facing overwhelming debt and are constantly being contacted by debt collectors, day and night, they may be in violation of the TCPA as well as the Fair Debt Collection Practices Act or the Florida Consumer Collection Practices Act.

An attorney at Leavengood & Nash can help. When you retain our services for bankruptcy or a related matter, we automatically provide creditor harassment representation and will take steps to not only stop the harassment but also to hold the creditor or debt collector responsible for their actions. You may be able to recover up to $1,000 under both the FDCPA and the FCCPA, as well as up to $1,500 under the TCPA (or possibly more if you suffered actual monetary losses due to the violation.)

TCPA Violations

Following are some examples of possible violations of the TCPA:

• Calling a residence before 8am or after 9am
• Failure to maintain a DNC (Do Not Call) list
• Failure of a caller to provide actual name, company, phone number and address
• Threatening any actions without the legal right to carry them out

Our firm represents clients throughout St. Petersburg, Tampa and Clearwater, Florida in matters involving creditor harassment and creditor abuse, applying our knowledge of the Telephone Consumer Protection Act as well as other statutes that apply to consumer protection. If you or someone you know has been victimized by creditor abuse or harassment, take a moment to contact a lawyer at our firm for a free consultation.

Below are a couple of helpful videos from the FTC regarding Robocalls.

What To Do If You Get a Robocall

Robocalls Gone Wrong