Ben F. Windham, P.C. has sued almost every major credit card company for violations of the Federal Telephone Consumer Protection Act (TCPA) which makes it illegal for a credit card company to use an autodialing device to call someone’s cellular telephone. Banks that violate the Act face penalties of $500.00 to $1,500.00 per phone call.
The Credit Card Companies attempt to defend TCPA suits by stating that they should be able to call the person’s cellular phone all that they want, because the person owing the debt put their cellular telephone number on the application. This reasoning has been shot down by the majority of the Federal Circuits as well as the Federal Communications Commission (FCC) in a 2015 Order.
If you owe me money and I call you repeatedly on your cell phone, it is a crime and I can be arrested and charged with harassing phone calls. If you owe me money, I should have to write you a demand letter and then sue you in a court of law of you ignore my demand. Why should it be any different for the Banks? It should not be any different.
The Banks and Credit Card Companies will continue to brazenly ignore the TCPA because the amount of people who actually fight back to enforce their rights is a lot smaller than the amount of people who cave to the pressure of the harassing phone calls and either pay the debt or a portion thereof. If you are receiving calls on your cellular phone from a large Bank, it is good odds that they are using an auto-dialing machine to call you and ACTUALLY OWE YOU MONEY.
It is not just creditors that violate the TCPA. Telemarketers often violate the TCPA by not just calling a person’s cellular telephone, but also by Text Messaging. If you receive unwanted Text Messages, call our firm to discuss a possible recovery against the culprit.
Don’t put up with harassing phone calls and text messages from creditors and telemarketers. Call Ben F. Windham, P.C. to end the harassment and possibly be saved from bankruptcy. We work these cases on a contingency agreement so you do not come out of pocket to bring your case.