Creditors have a right to collect and get paid on contracts and loans. We can help you understand your rights and collect what is owed.
FEDERAL DEBT COLLECTION PRACTICE ACT LITIGATION
The Federal Fair Debt Collection Practice Act provides a laundry list of violations and strict statutory penalties. Under the FDCPA, a debt collector cannot contact consumers by telephone early in the morning or late at night; communicate with debtors at work (if told to stop); call repeatedly with the intent to annoy, abuse, or harass a person; call a debtor when the debtor is known to be represented by legal counsel; make a misrepresentation when attempting to collect a debt; seek unjustified amounts; use profane language; and more. We have represented several creditors against FDCPA claims and can represent you if you are a creditor trying to collect a consumer debt.
TEXAS DEBT COLLECTION PRACTICE ACT LITIGATION
The Texas Debt Collection laws provide similar restrictions to the Federal Fair Debt Collection Practice Act. However, the Texas law can be more expansive and can apply to actions taken against some businesses (as opposed to just consumers). The law restricts debt collectors from taking unfair, unconscionable, fraudulent, deceptive, or misleading actions while collecting a debt. Bret has represented several creditors against Texas collection claims and can represent you if you are a creditor trying to collect a debt in Texas.
DTCPA (DECEPTIVE TRADE CLAIMS)
The DTCPA is a set of laws aimed and stopping deceptive business practices. The law identifies several actions as specific violations of the DTCPA. The DTCPA may also be triggered if a party violates another Texas statute. The DTCPA rules are powerful and allow for triple damages when the actions are done knowingly and with intent. Attorneys’ fees can also be collected for enforcement of a DTCPA claim.