Telephone Calls from Debt Collectors and the Fair Debt Collection Practices Act (FDCPA)
Receiving telephone calls from a debt collector can be intimidating, harassing and annoying. Under the Fair Debt Collection Practices Act (FDCPA), certain categories of telephone calls by a debt collector are prohibited. If a debt collector violates the FDCPA, a consumer is entitled to receive statutory damages, and, possibly, actual damages.
Some common examples of telephone calls which may violate the FDCPA appear below.
Debt Collector Calls at a Consumer's Place of Employment
If a consumer receives telephone calls from a debt collector at his or her place of employment, the debt collector may have violated the FDCPA. Under the FDCPA, codified at 15 U.S.C. 1692 (c), and, more specifically, 15 U.S.C. 1692 (c)(a)(3), "Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ... (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication." See, 15 U.S.C. 1692 (c) and 15 U.S.C. 1692 (c)(a)(3).
Repetitive Calls From Debt Collectors
If a consumer receives frequent or repetitive telephone calls from a debt collector, these calls my violate the FDCPA. Under 15 U.S.C. 1692 (d)(5), a debt collector may not engage in conduct, the result of which is "Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number." See, 15 U.S.C. 1692 (d)(5).
Contact an Experienced New York FDCPA Attorney
If you are a consumer who has received telephone calls from a debt collector, it is important to consult with experienced legal counsel to properly ascertain your rights. Under the statutory damages provision of the FDCPA, a consumer is eligible to receive up to a maximum of $1,000 in statutory damages for a debt collector's violations of the FDCPA (this damage award can be subject to court discretion and is not a maximum of $1,000 for each FDCPA violation, but, rather, per action).
The Woods Law Firm, P.C. advances all court filing fees and service of process costs. There is no out-of-pocket cost to you to have our firm represent you in an FDCPA case in the Hudson Valley or throughout New York State. Contact us directly at (914) 996-4593 for a complimentary case evaluation.