How to Sue a Collection Agency for a TCPA Violation
The Telephone Consumer Protection Act (TCPA) protects consumers from unlawful telephone practices made by collection agencies and telemarketers. Collection agencies that fail to abide by the TCPA's rules receive fines for each violation. The most common rules of the TCPA include limiting calls made by collection agencies to debtors between the hours of 8 a.m. and 9 p.m.. Collections agencies must honor a consumer's request not to receive phone calls. The Federal Communications Commission and the Federal Trade Commission enforces the guidelines collection agencies must follow regarding contacting consumers by phone.
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Instructions
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Read and familiarize yourself with the TCPA's rules. Knowing the rules of the TCPA will help you identify violations and implement the steps needed to prove violations in a court of law. You should also familiarize yourself with the rules of the federal Fair Debt Collection Practices Act.
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Contact the debt collection agency and get all information concerning your debt in writing. Inform the collection agency that you do not want to receive phone calls concerning your debt. Immediately respond to all information sent to you regarding your debt.
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Document all prerecorded phone messages left by the collection agency on your voice mail. The TCPA has very strict rules regarding prerecorded messages. Your documentation can serve as proof of violation.
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Inform the collection agency of its violations. If the collection agency violates the TCPA by calling you, inform the collection agency of your previous request to not receive phone calls. Tell the collector you are speaking with that they are in violation of rules established by the TCPA and the federal FDCPA.
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Record your phone conversations with the collection agency. When you sue a collection agency, the courts will ask you to provide proof of the violation. Recording your conversations will serve as proof. Document the violation with as much detail as possible.
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File a complaint with the Federal Communications Commission. The FCC has the power to fine collection agencies that violate the rules of the TCPA . Collection agencies are assessed a $500 fine for each violation.
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Contact your state attorney general's office by mail. States have the power to enforce the laws of the FDCPA, TCPA and other state collection laws. Describe the violation in detail when writing your complaint letter.
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File a lawsuit with your local courthouse clerk to sue the collection agency. According to federal law, you have one year from the date of the violation to sue a collection agency. The FTC enforces the FDCPA. The FTC only brings suit against the most serious FDCPA offenders.
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Tips & Warnings
The collection agency will try and prove that your lawsuit has no merit. It is important to have all of documentation in order and familiarize yourself with events surrounding the violation.
If you do not have proper documentation, you may possibly have your lawsuit dismissed. The collection agency may file a counter lawsuit to recoup legal fees.
