Debt Collection and Credit Reporting Lawyer Phoenix
My name is Floyd W. Bybee and for over 28 years I have been helping consumers in Arizona who are victims of debt collection abuse, phone harassment, inaccurate credit reporting, and other consumer credit issues. I sue collection agencies, collection attorneys, credit bureaus, auto dealerships, big banks, and finance companies --- any company who has taken advantage of or harmed an Arizona consumer.
When I started my law practice in 1989, I wanted to focus my practice on areas of the law which directly impact individuals in their personal lives. This focus evolved into a practice limited to the following areas of law:
FAIR dEBT COLLECTION PRACTICES ACT
The federal Fair Debt Collection Practices Act or FDCPA regulates what a collection agency can or cannot do in their attempt to collect a consumer debt. The FDCPA specifically prohibits collection agencies and collection law firms from harassing or abusing Arizona consumers. Even if the debt is owed and not disputed, the FDCPA prohibits a collection agency from engaging in any harassing or abusive conduct. It also prohibits a debt collector from making false representations to coerce payment of a debt.
FAIR CREDIT REPORTING ACT
The federal Fair Credit Reporting Act or FCRA regulates credit reporting agencies or credit bureaus and their bid to assure that the information on your credit report is accurate. This includes reports issued for loan applications as well as employment applications. The FCRA also regulates who can obtain a copy of your credit report and for what purposes it may be used. A failure to correct inaccurate information on your report, or an illegal pull of your report may provide you with a claim against the credit bureau and the offending creditor.
TELEPHONE CONSUMER PROTECTION ACT
The Telephone Consumer Protection Act or TCPA is a federal law which prohibits phone calls to your cellular phone from their parties, including collection agencies, who have no previously obtained your express permission to auto-dial your cell number. It is very common when you get a new phone number you start to receive calls intended for the prior owner of the phone number, including collection calls or other solicitations. These calls are illegal. Also, once you have asked the caller to stop calling your cell number, any subsequent auto-dialed calls from a collection agency or other company to your cell phone violate the TCPA. The TCPA provides damages of either $500 or $1,500 per call, depending on whether the call was negligently made, or willfully made.
FEDERAL ODOMETER LAW
Congress originally enacted the Federal Odometer Act in (1972) in order to stop the rampant rolling back of automobile odometers. Even though most cars and trucks today use electronic or digital odometers, the sale of vehicles with inaccurate or fraudulent misleading odometer readings is still common. The Act provides victims of odometer fraud with the right to recover three times their actual damages, or $10,000, whichever is greater, plus court costs and attorney's fees.
How I Can Help You.
Under the FDCPA and FCRA, consumers are entitled to recover damages, including statutory damages, actual damages, courts costs and attorney's fees. The TCPA provides damages of either $500 or $1,500 per call, depending on whether the call was negligently made, or willfully made. Damages under the Odometer Act are either three times actual damages, or $10,000, whichever is greater.
Over the past 27 years, I have helped hundreds of Arizona consumers recover damages from abusive debt collectors, credit bureaus, and car dealers who have failed to follow these federal laws.
If you are a victim of collection harassment, harassing phone calls, credit reporting inaccuracies, or odometer fraud, I invite you to call my office to schedule a consultation. I am dedicated to protecting you and recovering just compensation for these unlawful practices!
FIRST - Go to the contact page and tell me about your situation. I will follow up with you. You may qualify for a free telephonic or in office consultation.
SECOND - Provide me with the requested information to analyze your situation and develop a plan to resolve it.
THIRD - Solve the Problem!
My office is located at 90 S. Kyrene Rd Ste. 5 Chandler, AZ 85226 just off the 202 Freeway and Kyrene Road in Chandler.
Feel free to call 480-756-8822 to see if you have a claim, or to set up an appointment.
hAVE YOU BEEN SUED BY AUTOVEST?
Autovest LLC has filed hundreds of lawsuits against Arizona debtors to collect deficiency balances on vehicles which were repossessed years ago. In many of the cases I have seen, the statute of limitations has passed. Meaning, you would have a complete defense to Autovest’s claim. Under Arizona law, an automobile lender generally has only four years after the repossession to file suit to collect any remaining balance. If it waits four years and 1 day, it is too late and you can get the case dismissed
fAIR DEBT COLLECTION PRACTICES ACT
The Fair Debt Collection Practices Act or "FDCPA" is a federal statute that governs the debt collection industry. That means that it protects you as an Arizona consumer. The act was passed in an effort to create a civil environment in the collection of debt, as an attempt to reduce bankruptcy filings and to prevent unfair or abusive collection methods.
DEALING WITH A DEBT COLLECTOR
1. Send a letter that says "I dispute the debt" and that you require validation of it.
2. Send the letter certified. You want to be able to prove that they received it.
3. Keep copies of all written communication both to and from...