Telephone Consumer Protection Act FAQs

35+ Years of Debt Collection Defense Experience

Debt collection laws are not widely known by consumers, or even by many attorneys. That is why it is in your best interest to contact a Pennsylvania debt collection defense lawyer who focuses on this area of law if you are experiencing debt collection abuse. As a collection abuse attorney with more than three decades of experience, I have what it takes to help you stop creditor harassment and other forms of abuse.

Understanding the Telephone Consumer Protection Act

The Telephone Consumer Protection Act was passed in 1991 in response to the growing number of complaints against creditor harassment via telephone. Found in 47 USC §227, the Act prevents creditors and collection agencies from contacting consumers by phone using autodial and pre-recorded messages without the consumer's prior express consent.

Defining “Express Consent” in Debt Collection

Most TCPA issues arise when there is confusion about the meaning of "prior express consent." Basically, the creditor and/or collection agency must have written proof that you agreed to be contacted at a certain number regarding your debts. In most cases, this is accomplished when you put a certain phone number down upon applying for a credit card or loan of any kind.

Steps to Stop Creditors From Calling

According to federal law, creditors must stop contacting you regarding your debts as soon as you submit a request to them in writing that asks them to stop. This request must be in writing, and it does not mean that you do not need to continue making payments. Another way to stop harassing calls and letters is through an automatic stay, which occurs when you retain a lawyer and file for bankruptcy.

Who Is Covered Under the TCPA?

Any consumer who applies for credit or a loan is protected under the TCPA. If you owe money to a creditor or lender in any amount, they must follow the regulations of the Telephone Consumer Protection Act when they contact you by phone regarding your payments.

Why You Should Hire a Debt Collection Lawyer

There is a very slight chance of successfully stopping creditor harassment without the counsel, guidance, and representation of a skilled attorney. Michael P. Forbes is a seasoned debt collection defense attorney who can answer your questions and help you take all the necessary steps to halt any further abuse. Call the firm today to take the first step toward relief from harassing phone calls!