Unfair Debt Collection
Federal law regulates debt collection and solicitation by telephone. Most people are aware of the so-called “no-call” lists. While inclusion on such lists is supposed to guarantee that a consumer will not receive such calls, such is not always the case. Often times, consumers’ numbers get removed from call lists, only to find their way back, sometimes even after explicit complaints. Very often, consumers do not owe the debt being collected, or are otherwise unrelated to the telephone number called.
Solicitation
Other common examples of this form of abuse include the frequency of calls per day, the times calls are made, or being subjected to simple harassing and abusive behavior. Many times, these abuses occur during the course of debt collection, but other instances can involve surveys, polls, sweepstakes or other solicitations. Still other instances involve the improper use of consumer cellular telephones. Indeed, this type of unfair debt collection or solicitation takes on many forms.
Junk Faxes and Auto-Dialers
Federal law also regulates the use of computerized robo-callers or auto-dialers, as well as the use of fax machines in the course of debt collection or solicitation. These laws carry specific damage provisions, and even multiplied damages for knowing or intentional violations.
A common example of this form of abuse includes faxes to existing customers without providing said customers with an opportunity to opt-out of receiving such correspondence.
At MCL, we have considerable experience with cases brought under the Fair Debt Collection Practices Act (FDCPA), the Truth in Lending Act (TILA), the Louisiana Unfair Trade Practices Act (LUTPA) and the Telephone Consumer Protection Act (TCPA), both in class-action litigation and for individual plaintiffs.