Consumer Rights Lawyers

At the offices of Patric Lester and Associates, we will protect you from the endless harassment from spammers, debt collectors and obnoxious salespeople. Just like the rest of us, the robo-callers and mass mailers have rules they must follow. Under the Telephone Consumer Protection Act (TCPA), you must give your permission to receive solicitations over wires. The Fair Debt Collection Practices Act (FCDPA) provides additional protection against collection agency employees who interrupt at the worst times, and use unfair techniques to get your contact information and speak with you. Our attorneys will use all our experience and knowledge of the law to protect your rights as a consumer.

San Diego Consumer Rights Attorney

Our lead attorney Mr. Lester has stopped dozens of collection agencies from harassing people with illegal scare tactics. He’s taken cases to trial and won relief for his clients. He has an extensive knowledge of consumer protection laws. Patric Lester is dedicated to winning a fair and just result for his clients.

Telephone Consumer Protection Act (TCPA)

The TCPA is a federal consumer rights law. It Under the Telephone Consumer Protection Act, it is illegal for a company to send text messages to or robo-dial your cell phone unless you gave consent to receive the message or the message was sent for emergency reasons. This applies even if you haven’t registered on the Do-Not-Call list. marketers may not send you junk-faxes without your having a prior business relationship with them requesting they do. You could be awarded up to $1,500 for each violation.

Consent can simply be you putting your cell phone number down when you do business with some company or sign an agreement (often found in the “privacy policy” on a website or in a contract). That is enough for consent. Another element that makes up a violation is that the company has to have used an auto-dialer or robo-dialer You may not be able to tell whether they are using an auto-dialer or robo-dialer. However, one clue is a short delay before the person on the phone begins to speak.

The TCPA forbids:

  • Calling your cell phone number without your consent using an  an automated system, robodialer or pre-recorded message
  • Sending you unwanted texts. See Is it Illegal To Text Your cell Phone?
  • Calling your landline to market a product or service, without your written consent

Robo-dialing Prevention

Companies may not use any automated system or pre-recorded message to contact you via your cell phone without your consent. Any call they make must provide you with the option of refusing to receive more marketing calls. You have a number of measures at your disposal to stop the calls.

If you believe you are receiving calls made with automated system, robo-dialer or pre-recorded messages, call us at Patric Lester and Associates to find out how we can help you stop the calls.

Text Spam

A growing number of companies are sending out unsolicited text messages – text spam – as a marketing tool. Text messaging is covered by the TCPA, just like Robo-dialing, so the same rules apply. If you are receiving these messages, you should save them in your phone as evidence of the violation. You may receive from $500, up to $1,500 per text if the company is found to be in violation of the law. Call us to discuss whether you have a claim, we can help you file a complaint.

Junk-Faxes

Few businesses still utilize faxes as a way of communication in the Internet age. Nevertheless, the TCPA covers the use of fax machines in marketing. However, if you have an established business relationship with the company, they are allowed to send unsolicited information via fax.

Debt Collector Harassment

The Fair Debt Collection Practices Act (FCDPA) forbids debt collectors from harassing you or using unlawful means to contact you. The act establishes rules debt collectors must follow. They cannot:

  • Call you before 8AM or 9PM
  • Call you at work more than once. They cannot call you at work if your supervisor forbids personal calls.
  • Cannot engage in any activity that would violate the TCPA, like spam texting or robo-dialing
  • Attempt to collect a debt you don’t owe
  • Attempt to garnish your wages without a court order. If they do tell you that they will garnish your wages without the intention or ability to do so, it is a violation of the law

Experienced Consumer Rights Law Attorney Will Fight For You

We are in the business of stopping underhanded tactics, like contacting your neighbor or your employer in an attempt to contact you. We can help you as we have helped many others stop creditor harassment, text spam, robo-dialing and junk-faxes. You don’t pay us unless you win monetary damages in a TCPA case and if you win against a debt collection agency, the company will pay our fee. If you believe a debt collector is harassing you or engaging in unlawful business practices to collect a debt, you should call us right away.

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