Minnesota Telephone Consumer Protection Act (TCPA) Attorney

Telephone Consumer Protection Act (TCPA)

In today’s economy, many consumers get behind on payments for medical bills, mortgages, credit cards, etc. The federal law called the Fair Debt Collection Practices Act (FDCPA) protects consumers against illegal debt collection practices. Your rights are also protected by the Telephone Consumer Protection Act (TCPA), which prohibits debt collectors from using auto-dialers to call consumers cell phones. Our law firm, Tarshish Cody PLC will discuss how to protect your rights against illegal and harassing debt collectors. Call and speak to an attorney at 952-361-5556.

The FDCPA was passed by congress in 1978 and is enforced by the Federal Trade Commission (FTC). This law prevents debt collectors from using deceptive, false, or misleading information in debt collection practices. It prohibits contact at work or with co-workers, and limits times of the day when contact is made.

The TCPA is a federal law passed in 1991 and restricts robo-type calls to consumer cell phones without express prior consumer consent. If debt collectors violate this law penalties are $500 per violation (unintentional) and up to $1500 for each intentional violation. These harassing TCPA violations of protected consumer rights can be discussed with our attorneys at Tarshish Cody PLC. Call 952-361-5556.

Debt collectors are prohibited by the FDCPA from:

  • Abusive and harassing practices
  • Persistent calls at inconvenient hours of the day
  • Contacts when the consumer has legal representation by an attorney
  • Contacting the consumer at work
  • Contacting neighbors, friends, or family in regard to a debt
  • Misreporting credit or other information on a consumer’s credit report.
  • A threat of violence
  • Use of obscene and vulgar language
  • Failing to confirm information once consumer has properly disputed the debt
  • Sending false documents seeming to be from a court of government agency
  • Seeking fees, interest charges, or taxes, beyond what is permitted by law
  • Pretexting or misrepresenting oneself to a consumer-debtor
  • Continuing to contact a consumer after receipt of notification to stop
  • Threat of imprisonment or arrest
  • Threat to take unintended legal action. Attempts to lure consumer to post-date checks in order to prosecute if they bounce
  • Communicating with consumer by postcard

If you have been the subject of any of these practices, our attorneys at Tarshish Cody PLC will counsel with you and explain your rights which may include:

  • Reducing or eliminated remaining debt.
  • Monetary damages up to $1000.
  • Clearing up credit reports.
  • Payment of attorney fees.

The TCPA prohibits debt collectors from:

  • Calling a consumer’s cell phone using auto-dialers.
  • Calling consumers between 9 PM and 8 AM.
  • Using cell phones with recordings.
  • Calls to consumers and failing to identify themselves by name or company they represent, with a contact phone or address to reach the debt collector.

 

Contact an attorney at Tarshish Cody PLC to determine if you may be entitled to sue for:

  • $500 to $1,500 per violation, or
  • Recovery of real financial loss, whichever is higher.

We welcome your call today at 952-361-5556 (or fill out the free case evaluation form below) to help you through the legal issues of your TCPA case.

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