Debt Collection Defense Lawyers in Los Angeles, CA
The debt collector must stop calling you once you put in a Do-Not-Call request. If you have done this and they continue to call, the debt collector is breaking the law! You can earn compensation for each phone call they make!
Our civil litigation lawyers are multi-award winning and have been called the best debt collection, class certification, and best personal injury lawyers in Los Angeles!
How does the TCPA protect you?
The TCPA (Telephone Consumer Protection Act) prevents debt collectors from using automatic telephone dialing systems (ATDA), otherwise known as "Robo-Calling," to call or text your cell phone.
Keep in mind a debt collector can send prerecorded messages to a residential phone if you have expressed written consent.
Here's what you should do if you have received an illegal robocall from an autodialer, or unsolicited text messages:
- Revoke consent and tell the debt collector to stop calling you (otherwise known as a Do-Not-Call request)
- Put yourself on the National Do-Not-Call Registry.
- Contact Los Angeles TCPA attorneys at Wilshire Law firm to discuss your telephone consumer protection act claim.
What Debt Collectors Are NOT Allowed to Do?
A call from a debt collector is rarely convenient. When you receive a call from a debt collection agency, it's important to know whether or not the caller is violating your rights by calling you.
The Federal Trade Commission (FTC) exists to protect you against any illegal activity committed by debt collectors.
Heed that anytime a debt collector contacts you, they are not allowed to do the following:
- Harass you, or threaten you with violence.
- Use obscene or profane language.
- Disability discrimination
- Misrepresent your debt amount owed.
- Falsely claim you'll be arrested, or that legal action will be taken against you.
- Attempt to collect interest, fees, or other charges in addition to your debt, unless the original contract allows it.
- Deposit a post-dated check early.
- Call before 8 AM.
- Call after 9 PM.
- Call a third party, such as friends, relatives, and neighbors.
- "Robo-Dial" your cell phone without your permission.
- Call your business phone.
- Use misleading means in connection with your debt collection.
- Contact you and not tell you they are a debt collector (a direct violation of the False Claims Act)
This list is far from complete, but these are the most common laws debt collectors violate. If you have been on the receiving end of one of these calls, fill out our contact form with details about your case to receive more information.
What is the FDCPA and What Does an FDCPA Attorney Do?
The FDCPA is the Fair Debt Collection Practices Act, which makes it illegal for debt collectors to use abusive, unfair, or deceptive practices, such as false advertising, when they collect debts.
The FDCPA was established in 1977 as a way to "eliminate abusive debt collection practices." This act, along with the telephone consumer protection act, protects consumers from any TCPA violation and allows for a victim, or plaintiff of the alleged violation, to fight for statutory damages or reach a summary judgment.
It does this by regulating how debt collectors can seek payment from consumers. Violating these regulations is illegal!
Contact Los Angeles FDCPA attorneys when a debt collector violates your rights. At Wilshire Law Firm, our FDCPA lawyers are well-versed in California's unfair competition law, debt collection and consumer advocacy TCPA litigation.
When you seek an FDCPA attorney in Los Angeles to help you with your consumer debt TCPA claim, you have several options:
- Sue the debt collector in a putative class action TCPA lawsuit in State Court.
- Sue the creditor in Small Claims, or District Court.
- Report the action to a government agency.
- Report the action to the state attorney general.
- Use the isolation as leverage in debt settlement negotiations.
At the best consumer debt law firm Los Angeles has to offer, TCPA compliance attorneys are eager to help you and discuss your options. A qualified Los Angeles TCPA litigation attorney can correctly determine TCPA liability. We will help you in navigating the tricky aftermath of any debt collection abuse, and TCPA class action lawsuit.
Sometimes due to the loss of a job or other difficult circumstances, it may be difficult to afford a basic lifestyle, much less pay off outstanding debt. When this happens, it may be easiest to just stop paying debts altogether.
Filing for bankruptcy allows for a "financial reset" when people can no longer afford to pay their debts. When someone declares bankruptcy, they may liquidate their assets to pay off their debts or create a payment plan. Bankruptcy is governed by federal law, which means it does not vary from state to state.
If you decide that you might want to file for bankruptcy, it is imperative to contact FDCPA lawyers to examine the financial and legal consequences. Los Angeles TCPA attorneys at Wilshire Law Firm can consult you on the best possible path to remedy your TCPA claim, and any possible alternatives.It helps to be familiar with some bankruptcy law to make the most informed decisions.
There are four common types of bankruptcy cases, as named by the federal Bankruptcy Code:
- Chapter 7 - Liquidation bankruptcy for individuals
- Chapter 11 - Reorganization proceedings, usually for corporations or partnerships
- Chapter 12 - Simplified reorganization for family farmers
- Chapter 13 - Reorganization proceedings for individuals with regular income
Bankruptcy discharge is a clean slate. This releases a debtor from being legally required to pay back any debts that have been discharged.
Bankruptcy discharge can not apply to the following debts:
- Child support or spousal support
- Student loans
- Tax debts
- Wages you owe to people who worked for you
- Personal injury damages you caused while driving while intoxicated
- Government agency debts for fines or penalties
This list is not exhaustive. If your debt has been discharged and you are still the victim of legal action, telephone calls, letters, or other communications from debt collectors or creditors, call a Los Angeles FDCPA attorney for legal advice today.
You have been released from being legally responsible for a discharged debt, and any further contact from a debt collector is illegal. Don't let them take advantage of you!
The Bankruptcy Code allows any individual filing for bankruptcy to keep assets deemed necessary. These assets are called the debtor's exempt property.
In California, you have the choice between a list of property exemptions provided by state law and a set of bankruptcy-only exemptions that were once federal law.
When you file for bankruptcy, the federal court issues a notice of automatic stay, which stops creditors and debt collectors from contacting you further. This is implemented until the stay is lifted.
Bankruptcy law is very complex and can be difficult to interpret. When you put your trust in a Los Angeles FDCPA violations attorney, they will remove the complexity of the law and weight off of your shoulders. We specialize in debt collection and consumer advocacy to make the TCPA litigation process easier for you, promptly.
What Can I Do If I Think A Debt Collector Has Broken The Law?
Debt collectors who call your friends, call you at work, or call using an automatic telephone dialing system are breaking the law. You can be compensated each time they call you!
Do all of the following to build up your TCPA case:
- Tell them to stop calling you. You only need to do this once. The moment you do and they keep calling, you can be compensated for each call.
- Keep a log showing the time and date the debt collector called you.
- Make note of what laws they are violating. Are they calling before 8 am, after 9 pm? Write it down!
- Tell a credit agency your credit is incorrect and wait 30 days for the issue to be resolved, and then take action.
- Seek help from an attorney!
If a debt collector has been harassing you, you may file a claim against them! Our Los Angeles consumer debt law firm can help you with your dispute.
What Does The Fcra Do For My Credit?
Bad credit can have serious consequences. This is why it's important to fix any issues affecting your credit report. Credit agencies are, by law, supposed to help you resolve these issues in a timely manner.
When it comes to your credit report, you have the following rights:
- Any time credit information is incomplete or inaccurate, you have the right to ask an agency to investigate and fix the issue.
- If their investigation shows your credit information is, in fact, inaccurate or unverifiable, they must remove or correct your information within 30 days.
- Negative information that is more than 7 years old or bankruptcies that are more than 10 years old should not be shown on your credit report.
- You must give consent before an employer can access your credit report.
Credit agencies have been known to get information wrong and, in severe cases, completely switch credit reports between two people! Anytime a credit agency violates your rights, you can be compensated.
Los Angeles TCPA attorneys can help determine if you have a class-action lawsuit on your hands and outline your insurance coverage options.
Debt Collection Harassment and Abuse Attorneys FAQ
Can A Debt Collector Keep Contacting Me If I Don't Think I Owe Any Money?
If you believe the debt is no longer your responsibility, you can send a request for verification of the debt. You can do this in writing or via phone within 30 days of receiving contact from a collector. You can also request the debt collector or creditor to stop contacting you about the debt.
Can A Debt Collector Contact Anyone Else About My Debt?
Generally, a debt collector or financial institution cannot discuss your debt with anyone other than you or your spouse. If you believe a debt collector has shared your personal or financial information, contact a Los Angeles consumer debt protection lawyer at Wilshire Law Firm today.
Do Debt Collectors Have To Identify Themselves?
Under the FDCPA, debt collectors are indeed required to identify themselves if they contact you.
How Do I Win A Lawsuit Against A Debt Collector?
In order to win a lawsuit against a debt collector, write everything down and hire a Los Angeles debt collection abuse attorney. We have some of the best FDCPA lawyers Los Angeles has ever seen, who will help you with your rights and fight back against any FDCPA violations.
What Should I Do If A Debt Collector Sues Me?
If a debt collector sues you in a lawsuit, you should contact a personal debt attorney in Los Angeles to help you respond to the class action lawsuit. With the counsel of an experienced FDCPA lawyer who specializes in consumer class action suits, you can win your case and may even be entitled to compensation.
Contact Los Angeles Debt Collection Harassment and Abuse Attorneys
Wilshire Law Firm's Los Angeles TCPA attorneys will help any client get the compensation you deserve after suffering a debt collector's harassing calls or the consequences of an inaccurate credit report. We have recovered millions on behalf of our clients. We will cover all your case and class action litigation costs upfront and you won't pay unless your case is won! Call or message us today for a free case consultation at (800) 522 7274
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