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The Telephone Consumer Protection Act, or “TCPA,” prohibits anyone from calling or texting you using an automated dialing system, unless they had your prior permission. The TCPA also prohibits anyone from calling you using a prerecorded or synthetic voice, without your prior express consent. No one can send you unwanted robocalls or automated texts-not debt collectors, telemarketers, or salespeople-with few exceptions. TCPA lawsuits often result when companies won’t stop sending harassing calls or texts to consumers. These telemarketers just keep calling, and calling you… It’s also illegal under the TCPA for a telemarketer to call or text someone’s cell phone or landline if the number is registered on the National Do-Not-Call Registry. The TCPA allows people to get money for unsolicited calls and texts. TCPA class action lawsuits allow consumers to sue for robocalls, or robotexts, to collect between $500 and $1,500 per call or text. The TCPA also lets consumers take legal action against telemarketers who don’t honor the national do-not-call list and collect $500 per call, for every phone call beyond the first one.

As the defendant, if you see that the collection agency or junk debt buyer has failed to comply with one of the trial rules, notify the court of their non-compliance by either putting that information in your answer or filing a motion to dismiss. Know the court rules for dismissal before attempting to file a motion to dismiss. Also keep in mind that the court will have a hearing on the motion in lieu of the defendant having to answer. If the motion is denied, then you will receive another 10 - 20 days to file an answer. The collectors suing you most likely do not have the contract/customer agreement or the proper chain of assignment necessary to prove the debt. Below is a sample of a motion to dismiss written by an attorney where the plaintiff subsequently dismissed the case and the defendant won their credit card lawsuit. Plaintiff filed a complaint on DATE HERE. Namely, the complaint fails to attach a copy of the actual contract and a copy of an assignment showing Plaintiff is the real party in interest. Defendant requests that Plaintiff be given thirty days to comply with Trial Rule 9.2. For dismissal with prejudice for failure to comply.2 and for dismissal with prejudice for failure to comply.

C. Any surety company intending to withdraw as surety of any licensee shall give sixty days’ notice of such intention to the superintendent, which notice shall be by registered mail and shall also give sixty days’ notice by registered mail to the licensee addressed to his last known address. When a surety shall for any cause cancel the bond of any licensee, the superintendent shall immediately notify such licensee by registered mail addressed to his last known address as shown by the files of the department. The license of any licensee shall be void unless, prior to the termination, a new bond has been filed with the department. A licensee changing his surety shall file a new bond with the department with a surety on the new bond meeting the qualifications of this section. 1. Certificates of deposit or investment certificates which are payable or assigned to the state treasurer, issued by banks doing business in this state and fully insured by the federal deposit insurance corporation or any successor institution. 2. Certificates of deposit, investment certificates or share accounts which are payable or assigned to the state treasurer, issued by a savings and loan association or savings bank doing business in this state and fully insured by the federal deposit insurance corporation or any successor institution.

For purposes of this subsection, “controlling person” means a person who owns more than a twenty per cent equity interest in the collection agency and has the power to actively participate in the conduct of the collection agency. Added by Laws 1991, Ch. 188, § 59. Amended by Laws 1997, Ch. 221, § 107; Laws 2000, Ch. A. It is unlawful for a person to conduct a collection agency in this state without having first applied for and obtained a license under this chapter. B. A collection agency licensed under this chapter shall not directly or indirectly aid, abet or receive compensation from an unlicensed person. Nothing in this chapter shall prevent a licensed agency from accepting, as forwardee, claims for collection from a collection agency or attorney whose place of business is outside this state. C. A licensee shall not advertise a claim for sale or threaten to so advertise a claim as a means of endeavoring to enforce payment, nor shall a licensee agree to do so for the purpose of soliciting claims. This subsection shall not be deemed to affect a licensee acting as assignee for the benefit of a creditor or acting under a court order. 1. Fail to render an account of and pay to the client for whom collection has been made the proceeds collected, less collection charges as agreed to by the person and the client, within thirty days from the last day of the month in which the proceeds were collected.

6. Except for attorneys licensed to practice law, not use any letterhead, or literature bearing any heading, slogan or statement representing or inferring that the licensee practices law, renders legal services or advice, or maintains a legal department. Amended by Laws 1969, Ch. 136, В§ 7; Laws 1978, Ch. 123, В§ 11, eff. July 1, 1978; Laws 1988, Ch. 276, В§ 31; Laws 2000, Ch. 2. Has shown that the applicant or licensee is not a person of honesty, truthfulness or good character. 3. Has violated any applicable law, rule or order. 4. Has been convicted in any state of any felony or other crime involving breach of trust or dishonesty. 5. Has had an order entered against the applicant or licensee by an administrative agency of this state, the federal government or any other state of the United States and that order is based on conduct involving fraud, deceit or misrepresentation by the licensee or applicant. 6. Has made a material misstatement or omission on the application for a license or on any document required to be filed with the superintendent. B. It is sufficient cause for the denial, suspension or revocation of a license if an officer, director, partner, employee or controlling person of the collection agency has acted or failed to act in a manner that would be cause for denial, suspension or revocation of a license.

4. “Financial institution” means a person who does business under any other law of this state or law of another state or the United States relating to banks, trust companies, savings and loan associations, credit unions and savings banks. 5. “Person” means an individual, firm, partnership, association or corporation. 6. “Superintendent” means the superintendent of financial institutions. Amended by Laws 1978, Ch. 82, § 1; Laws 1978, Ch. 123, § 1, eff. Sept. 3, 1978, retroactively effective to July 1, 1978; Laws 1988, Ch. 276, § 28; Laws 1992, Ch. 236, § 1; Laws 2004, Ch. 188, § 29, eff. 2. A person regularly employed on a regular wage or salary in the capacity of credit person or a similar capacity, except as an independent contractor.

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stop debt collectors calling

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stop debt collectors calling

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