Repeat Offenders: Calling over and over

One of the more common complaints against debt collectors concerns repetitive or continuous phone calls. While debt collectors are permitted to call consumers to collect or attempt to collect legitimate debts, debt collectors who repeatedly call in the same hour, same day, or even too many times in a single week may find their conduct deemed harassing and thus in violation of the Fair Debt Collection Practices Act. 

As with many Fair Debt Collection Practices Act violations, the number or pattern of phone calls which rises to the level of harassment will depend on the particular facts of the case. However, if you feel that your life has been consumed by debt collection calls lately, relief may be available. An attorney can help determine whether the calls violate the collection prohibitions and may even be able to help stop the calls.    -Meredith Phillips (205) 912-8244

-Blankenship Harrelson, LLP

Time Limits on Debt Collection Lawsuits

A Statute of Limitations is essentially a deadline which limits the amount of time people have to bring a lawsuit under a particular law. Many, if not all laws have some sort of deadline like this and the Fair Debt Collection Practices Act is no exception.

When it comes to harassing or abusive debt collection, the FDCPA provides that lawsuits to enforce any portion of the Act must be brought within one year from the “date on which the violation occurs.” Depending on the particular facts, caselaw has some different interpretations of which “date” a violation of the FDCPA is said to actually.

However, the important thing to remember is that time is not limited. In order to protect their rights, consumers should be aware that deadlines do exist for bringing actions based on harassing or abusive debt collection, just as they do for many other legal violations. -Meredith Phillips (205) 912-8244

Blankenship Harrelson, LLP

How Can I Make Debt Collection Calls Stop?

The FDCPA protects consumers from abusive, unfair or deceptive debt collection practices and gives consumers a private right of action against debt collectors who violate the Act’s requirements.

So how can a consumer stop these calls? In addition to providing a private right of action to consumers whose rights have been violated by, the FDCPA requires debt collectors to stop all communications under certain circumstances. With a few exceptions, debt collectors must stop communication if a consumer notifies the debt collector in writing that the consumer (1) refuses to pay a debt or (2) wants the debt collector to stop further communication.

After a consumer provides this writing, the debt collector may contact the consumer for only two reasons: to tell the consumer that further collection efforts are stopping and to notify the consumer that the debt collector or creditor may use certain remedies available to them. Any other communications may subject the debt collector to liability under the FDCPA. -Meredith Phillips (205) 912-8244 Blankenship Harrelson, LLP

This simple practice will help protect your PIN from identity thieves

Thermal cameras take special photographs of an image and colors the photograph based on the amount of heat it is emitting.  These special cameras used to be inaccessible to the general public because they were so expensive.  As the price of the cameras go down, more and more creativity has been applied to their use.  Many of these uses are positive.  For example, thermal cameras can be used to photograph your home to show where additional insulation needs to be added or doors and windows need sealing. 

Identity thieves have discovered a not-so-good use for the thermal camera.  When you press the keys to enter your PIN, heat transfers from the tips of your fingers to the keys.  Identity thieves can then immediately snap a thermal photograph of the keypad and determine which keys were pressed.  In some cases, the order the keys were pressed can be determined because the first key pressed will have  the least residual heat and so forth.  Metal keys (such as on ATMs) tend to photograph better than non-metal keys. 

Put this simple practice in place to reduce your risk of your PIN being stolen in this way.  After you enter your PIN on a keypad, place your whole hand over the keypad (touching the keys) and leave it there for a count of five.  This will heat the whole keypad so that when a thermal image is taken ALL of the keys will show hot - not just the ones that you touched to enter your PIN.  This five seconds may save you the years it may take to overcome your PIN being stolen.  -Brandon Blankenship (205)912-8248
Blankenship Harrelson, LLP

Do I Still Have Rights if I Actually Owe the Debt?

Generally, creditors and/or debt collectors are permitted to contact you about a debt you owe in order to obtain payment on that debt. However, legitimately owing a debt does not give debt collectors permission to harass or threaten you about that debt. Many of those in debt are hardworking people who want to pay their bills but, for one reason or another, are simply unable to do so.

The Fair Debt Collection Practices Act specifically protects all consumers against harassing, unfair or deceptive debt collection practices and defines “consumer” as “any natural person obligated or allegedly obligated to pay any debt.” A person in debt does not deserve any less respect than a person who is not in debt.

Even if you legitimately owe a debt, the FDCPA was designed to protect consumers against abusive debt collection practices and an attorney can help you determine if your rights have been violated. Meredith Phillips (205)912-8244
Blankenship Harrelson, LLP