Does The Telephone Consumer Protection Act Protect Me From Student Loan Debt Harassment?


The Telephone Consumer Protection Act generally does protect borrowers against student loan harassment. If a consumer is receiving phone calls on their cell phone, and as the caller continues making those calls within the automated dialing system, then the consumer may be entitled to a claim against the student lender.

Are Student Loans Protected Under The Fair Debt Collection Practices Act?

Generally, student loans are protected under the Fair Debt Collection Practices Act (FDCPA). One contingency to those particular protections is that the grieved party has to be what the law considers a debt collector. Typically in order to be a debt collector, the company either has to be collecting on the debts of another, or debt collection has to be their primary business emphasis. It’s also important to remember that in Florida, we have a state counterpart to the FDCPA, which is known as Florida’s Consumer Collection Practices Act, or the FCCPA. That particular law is intended to be more exhaustive than the federal protections under the FDCPA, but both of them protect consumers against student lenders.

What Can I Do If I Am Being Harassed By A Debt Collector For My Student Loans?

If a consumer believes they’re being harassed by a debt collector with respect to their student loans, they should contact an attorney. Oftentimes, if there is a supportable case, we can take those cases on a contingent basis, meaning that there is nothing out of pocket for the consumer towards attorney’s fees, unless the attorney recovers for the consumer. There is no downside of taking that next step to further evaluate your consumer rights.

How Can An Attorney Help Me If I Am Being Harassed By A Debt Collector For Student Loans?

The philosophy of our law firm is to take a comprehensive and individualized approach to each person who comes to us. Depending on the consumer’s circumstances, we may evaluate opportunities to get on track with the student loans, or conversely, we may evaluate opportunities to prosecute the debt collector if we feel that there’s been some unlawful behavior. In every circumstance, we will review an individual’s full financial profile to evaluate what options are going to make the most sense.

Additional Information On Student Loan Debt Harassment In Florida

Consumers should be mindful that student loans are progressively a larger animal in our society. In some respects, they have the too big/destined to fail models. Because they’re often federally backed, they have a lot of confidence that there won’t be adequate regulation of their activities. It’s important that consumers protect their rights, and don’t standby and allow large student loan lenders to impose on them.

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