Consumer Protection Laws

Fair Debt Collection Practices Act

What is the Fair Debt Collection Practices Act (FDCPA)?

The Fair Debt Collection Practices Act (FDCPA) is meant to prevent abusive practices by debt collectors. The Act helps the consumer ensure fair debt collection. The consumer can dispute the claims of a debt collector, and ask for validation of the alleged debt. The FDCPA lays down guidelines to show how a debt collector may conduct his business and how he may not. It also defines a consumer’s debt collection rights. There are penalties for violations of the Act.

What is the Fair Credit Reporting Act?

The Fair Credit Reporting Act (FCRA) regulates how a consumer’s credit information may be collected, disseminated and used. The FCRA is one of the important Acts that are the basis of a consumer’s rights in the matter of consumer credit. The FCRA ensures that the consumer's rights are protected and also allows for any incorrect or inaccurate information on her credit report to be corrected.

What is the Fair Credit Billing Act?

The Fair Credit Billing Act (FCBA) protects the consumer from unfair billing practices. The Act also provides a way for the consumer to deal with errors in the billing of credit accounts such as credit cards and charge card accounts.

Do the laws differ from state to state in the US?

Yes. First and foremost, the FDCPA, the FCRA and the FCBA are federal laws, meaning they apply in every state. In addition, several states have their own laws in the area of consumer rights and consumer protection. For example, the states of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and Washington D.C. have their own fair debt collection laws.

The Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (“TCPA”) was passed in 1991 and amended in 2010 by Congress. The TCPA restricts telemarketers and other business entities, including debt collectors, from making telephone calls through the use of automatic dialing systems (commonly known as “robocalls”) or by leaving prerecorded or artificial voice messages. The Act also regulates text messages and other forms of communication. While most calls are covered by Act, a call is exempt from the TCPA if the call is made on behalf of a tax-exempt nonprofit organization or the call is not made for a commercial purpose. Moreover, certain other calls are exempt if either the caller has an established business relationship with the recipient of the call or the recipient gave prior express consent for these types of calls. To find out if you qualify, contact Krohn & Moss, Ltd., Consumer Law Center® to determine your rights and to find out if the calls you have received make you eligible for monetary relief.

If you are the recipient of illegal “robocalls” or prerecorded or artificial voice messages, you may bring a claim against the caller in either federal or state court for violating the TCPA. Per the TCPA, you may recover damages in the amount of $500 for each illegal call made. If you can prove that the caller willfully or knowingly violated the TCPA, you may receive treble damages up to three (3) times this amount or up to $1,500 per illegal call. Additionally, if we take your case under the TCPA, Krohn & Moss, Ltd., Consumer Law Center® will only get paid if you win or settle your case.

Contact us today for a free case review to see if you qualify for relief under the TCPA. You may contact Krohn & Moss, Ltd. Consumer Law Center® by calling our toll free telephone number (1-800-875-3666), emailing us at queries@consumerlawcenter.com , by visiting our website at www.westopdebtcollectors.com or by completing our Free Case Review Form . We will attempt to quickly resolve your claim and won’t take a fee unless we get you a recovery.