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  • Home
  • The Draft List
  • Bar Bites
  • On the Rocks
  • Straight Up
  • House Specials
  • Happy Hour Hacks
  • Taproom Talk
  • Pour Decisions
  • The Tab
  • The Next Round
  • Refills & Recaps
  • Consumer Rights On Tap
  • Legal Mixology
  • Trust Fund Tavern
  • The Consumer Bar Podcast
  • Ask the Bartender
  • Meet the Baristas
  • Contact

🍽️ Quick tips, snackable insights, zero calories

Short on time but hungry for justice? Bar Bites delivers fast, helpful info on everything from fighting spam calls to disputing credit report errors. Perfect for a quick scroll with your morning coffee—or cocktail.

Robocalls Are Still Out of Control in 2026

Here’s What Americans Are Dealing With

Which Cities Are Hit the Hardest by Robocalls?

Here’s What Americans Are Dealing With

2/13/26- If it feels like your phone rings constantly with spam calls, “unknown numbers,” or prerecorded messages about warranties, debt relief, or health insurance-you are not imagining it.


Robocalls remain one of the most widespread consumer complaints in the United States, and despite new regulations and technology designed to stop them, the problem continues to grow.

In fact, billions of robocalls are still being placed nationwide every month.


So how bad is it really—and what can consumers do about it? Let’s break it down.


How Many Robocalls Are People Getting?

Which Cities Are Hit the Hardest by Robocalls?

Here’s What Americans Are Dealing With

While robocall volume varies depending on location, area code, and phone number exposure, national reporting consistently shows that Americans receive billions of robocalls every month.


That means the average person can easily receive robocalls every day, and many consumers report getting multiple spam calls daily, especially during high-volume scam seasons.


Robocalls aren’t limited to telemarketers. Many are linked to:

  • Scam debt collection attempt
  • Fake IRS or government impersonation calls
  • “Car warranty” fraud 
  • Credit card interest reduction scams
  • Fake medical or insurance offers
  • Spoofed calls designed to look local
  • Fraudsters pretending to be your bank or utility company
     

And the worst part? Many of these calls are automated and designed to reach thousands—or millions—of people at once.


Which Cities Are Hit the Hardest by Robocalls?

Which Cities Are Hit the Hardest by Robocalls?

Which Cities Are Hit the Hardest by Robocalls?

Some areas are targeted far more than others.

According to the Robocall Index, which tracks robocall activity nationwide, the top affected cities in January 2026 included:

  • Atlanta, GA
  • Chicago, IL
  • Dallas, TX
  • New York, NY
  • Houston, TX
  • Los Angeles, CA
  • Baltimore, MD
  • Phoenix, AZ
  • Newark, NJ
  • Detroit, MI
  • Philadelphia, PA
  • San Francisco Bay Area, CA
     

These cities were estimated to receive tens of millions of robocalls each in a single month.

If you live in or near one of these metro areas, your phone number may be at even greater risk of being targeted.


You can explore nationwide robocall data here:
🔗 https://robocallindex.com/



Why Robocalls Are More Than Just Annoying

Why Robocalls Are More Than Just Annoying

Which Cities Are Hit the Hardest by Robocalls?

Many consumers think of robocalls as “just spam.”

But robocalls are often a gateway to something much more serious.


These calls can lead to:


Identity Theft - Scammers may try to obtain your Social Security number, date of birth, banking information, or login credentials.


Financial Fraud - Many robocall scams are designed to convince consumers to send payments via gift cards, wire transfers, or fake “processing fees.”


Harassment and Emotional Stress - Repeated calls—sometimes multiple times per day—can cause significant anxiety and disruption, especially for seniors and vulnerable consumers.


Illegal Debt Collection Practices - Some robocalls come from debt collectors attempting to pressure consumers into paying debts they may not owe, may already have paid, or may be beyond the statute of limitations.


What Can Consumers Do About Robocalls?

Why Robocalls Are More Than Just Annoying

You May Have Legal Rights Under the TCPA

While blocking numbers can help, scammers often rotate phone numbers or spoof local area codes.

Here are a few steps consumers should take:


1. Don’t Answer Unknown Calls - If it’s important, they’ll leave a voicemail.


2. Never Give Personal Information Over the Phone - Legitimate companies typically won’t ask for sensitive information in an unsolicited call.


3. Report Spam Calls - You can report robocalls through the FTC and your phone provider.


4. Document the Calls- Keep track of:

  • Dates and times of calls
  • Numbers calling you
  • Voicemail recordings
  • Text message screenshot 
  • Whether you asked them to stop
     

This documentation may become important if legal action is needed.

You May Have Legal Rights Under the TCPA

Why Robocalls Are More Than Just Annoying

You May Have Legal Rights Under the TCPA

If you are receiving repeated robocalls, spoofed calls, or automated telemarketing calls, you may be entitled to compensation under federal law.

TCPA cases can allow consumers to recover statutory damages, which may increase if the violations were willful.


At Ginsburg Law Group, we help consumers understand their rights and identify whether robocalls cross the legal line.


To learn more about TCPA protections, how to stop calls, and what to do if they don't stop, visit our TCPA Toolkit.




Want to Find Out Who’s Behind the Calls?

Robocalls Are a Nationwide Problem — But You Don’t Have to Accept Them

Robocalls Are a Nationwide Problem — But You Don’t Have to Accept Them

One of the most frustrating parts of robocalls is that the caller often hides behind fake numbers and vague company names. But there are tools that can help identify repeat offenders.


If you’re trying to investigate the company behind robocalls, you can use our   TCPA Defendant Research page. This resource is designed to help consumers and attorneys identify patterns, corporate entities, and known violators.

Robocalls Are a Nationwide Problem — But You Don’t Have to Accept Them

Robocalls Are a Nationwide Problem — But You Don’t Have to Accept Them

Robocalls Are a Nationwide Problem — But You Don’t Have to Accept Them

Robocalls have become a daily nuisance for millions of Americans, and many consumers feel powerless to stop them.


But the truth is: you may have more rights than you think. If you are being bombarded by repeated spam calls, harassment, or prerecorded telemarketing messages, you may be able to take action.

Have You Been Hit With Robocalls?

Robocalls Are a Nationwide Problem — But You Don’t Have to Accept Them

Have You Been Hit With Robocalls?

If you’re receiving robocalls daily (or multiple times per day), you’re not alone.


📞 Give us a call - 855-978-6564 for legal assistance.

How to Tell If a Debt Collector Is Legit — or a Scam

2/5/26- Getting a call from a debt collector can be stressful enough. But lately, many consumers are dealing with something even worse: fake debt collectors pretending to be real agencies in order to steal money, personal information, or both.


These scams are becoming increasingly common — and they’re often sophisticated. Some scammers use real company names, spoof phone numbers, and even know personal details like your address or the last four digits of your Social Security number.


So how can you tell whether the debt collector contacting you is legitimate or just another scam?  Here are the key warning signs — and what to do next.

A Real Debt Collector Must Identify Themselves

Legitimate debt collectors are required to provide basic information, including:

  • Their name and company name
  • The name of the creditor they claim you owe
  • The amount they claim you owe
  • A way to contact them in writing
     

If the caller refuses to tell you who they are, or gives vague answers like “We’re calling from the legal department,” that’s a huge red flag.

Scammers Pressure You to Pay Immediately

One of the most common scam tactics is urgency. A scammer might say:

  • “If you don’t pay today, we’re sending the sheriff.” 
  • “Your wages will be garnished by tomorrow.”
  • “You’re going to be arrested.”
  • “We’re filing a lawsuit within the hour.”
     

This is designed to panic you into paying before you have time to verify anything.  A real debt collector may discuss consequences like legal action, but they cannot threaten arrest, and they generally won’t demand instant payment in the way scammers do.

Real Collectors Send a Written Notice

Under federal law (the Fair Debt Collection Practices Act), a legitimate debt collector must send you a written notice called a validation notice within five days of contacting you. This notice should include:

  • The amount of the debt
  • The name of the creditor
  • Your right to dispute the debt
  • Instructions on how to request verification
     

If they refuse to send anything in writing, or insist you “handle it over the phone only,” that’s another major red flag.

Watch for Strange Payment Requests

Scammers often ask for payment methods that are difficult to trace or reverse.

Be cautious if they demand:

  • Gift cards 
  • Wire transfers 
  • Cash apps (Venmo, Cash App, Zelle) 
  • Cryptocurrency 
  • Prepaid debit cards
     

Legitimate collectors usually accept more traditional forms of payment and will provide written confirmation.If someone is asking you to go to a store and buy gift cards to “settle a debt,” you are almost certainly dealing with a scam.

A Real Collector Will Not Threaten Arrest

This deserves its own section because it happens so often. Debt is a civil issue, not a criminal one. 


That means:  If someone claims a warrant is being issued or says you’ll be arrested unless you pay immediately — it’s almost always a scam.

Verify the Company Independently

Even if the caller gives you a company name, don’t trust it automatically.

Instead:

  1. Hang up 
  2. Look up the company online yourself 
  3. Find the phone number from a trusted source (not what they gave you) 
  4. Call the number you found independently
     

Scammers often spoof real company names and pretend to be a legitimate agency.If you call the real company and they’ve never heard of your debt — that tells you everything.

Ask for the Original Creditor and Account Details

A legitimate collector should be able to tell you:

  • The name of the original creditor 
  • The date of the debt 
  • The account number (or partial account number) 
  • The amount of the original balance vs. the current balance
     

Scammers often stumble when asked for details. If they give vague answers like “It’s a legal debt from years ago” or “You should already know what this is,” be suspicious.

Check Your Credit Report

A real debt collection account may appear on your credit report.  You can check your reports for free through AnnualCreditReport.com.  If the debt is real, you may see:

  • The creditor listed
  • A collection agency listed
  • Payment history or account status
     

If nothing appears, it doesn’t automatically mean it’s a scam — but it’s another sign you should investigate before paying anything.


Never Give Personal Information Over the Phone

Scammers often try to “verify” you by asking for:

  • Your Social Security number
  • Bank account information
  • Debit card numbers
  • Employer information
  • Date of birth
     

Do not give this out until you’ve verified the collector is legitimate. A real collector may ask for limited verification, but you should still be cautious and avoid giving sensitive details.

Trust Your Gut

If something feels off, it probably is. Scammers often use aggressive tactics, unusual payment demands, and scare tactics to keep you from thinking clearly. If you feel pressured, confused, or threatened, pause and get help before responding.


What to Do If You Think It’s a Scam

If you suspect the debt collector is fake:

✅ Do not pay
✅ Do not provide personal information
✅ Request everything in writing
✅ Document the call (date, time, number, name used)
✅ Report the scam to the FTC at ReportFraud.ftc.gov

And if you believe you’re being harassed or threatened, consider speaking with a consumer protection attorney.


If the Collector Is Real, You Still Have Rights

Even if the debt is legitimate, debt collectors must follow strict rules. They cannot:

  • Harass or threaten you 
  • Call repeatedly to annoy you 
  • Call you at unreasonable hour 
  • Lie about lawsuits or legal actio 
  • Contact your friends or family about the debt (with limited exceptions) 

If a collector crosses the line, you may have legal claims under the Fair Debt Collection Practices Act (FDCPA) and similar state laws.


Need Help?

If you’re unsure whether a debt collector is legitimate — or if you believe you’re being harassed or scammed — it’s worth getting legal advice before making any payments. Many consumers unknowingly pay scammers thousands of dollars simply because they were pressured into acting fast. When in doubt: slow down, verify, and protect yourself.

Student Loan Borrowers Risk Losing Tax Refund

Consumer Alert

No Annual Warning Required

Refunds at Risk

1/23/26-  Consumer advocates are warning that borrowers with defaulted federal student loans may have their 2025 federal tax refunds seized through the Treasury Offset Program—often without advance notice.


On January 13, 2026, Protect Borrowers and the National Consumer Law Center (NCLC) issued a public service announcement urging borrower

1/23/26-  Consumer advocates are warning that borrowers with defaulted federal student loans may have their 2025 federal tax refunds seized through the Treasury Offset Program—often without advance notice.


On January 13, 2026, Protect Borrowers and the National Consumer Law Center (NCLC) issued a public service announcement urging borrowers to “Dial Before You File” to determine whether their refunds are at risk before submitting tax returns.

Refunds at Risk

No Annual Warning Required

Refunds at Risk

Borrowers in default may lose some or all of their federal tax refunds, including refundable credits such as:

  • Earned Income Tax Credit (EITC)
  • Child Tax Credit (CTC)
     

These credits are critical income supports for low-income working families and are frequently used for rent, utilities, transportation, and other necessities.

No Annual Warning Required

No Annual Warning Required

No Annual Warning Required

The federal government is not required to notify borrowers each year before intercepting tax refunds. Many borrowers may have received only a single notice years ago when a loan first entered default.


Each year, the Treasury Department generates a list of individuals with federal debts subject to offset. Refunds may be taken automatically if a borrower appears on that list.

“Dial Before You File”

Impact on Working Families

No Annual Warning Required

Borrowers are urged to check their status before filing taxes:


Treasury Offset Program Call Center:
📞 1-800-304-3107


This automated hotline allows callers to determine whether their federal tax refund is subject to seizure.

Steps Borrowers Can Take

Impact on Working Families

Impact on Working Families

If a borrower learns they are subject to offset, options may include:

  • Filing for a tax extension
  • Rehabilitating defaulted loans
  • Consolidating defaulted loans into a Direct Consolidation Loan
  • Determining eligibility for loan discharge or cancellation
     

Once a refund is seized, recovery is extremely difficult, making early action critical.


Impact on Working Families

Impact on Working Families

Impact on Working Families

Consumer advocates warn that intercepting refundable tax credits can push already struggling families into deeper financial distress. Refund seizures may prevent families from meeting basic needs such as housing, utilities, and transportation to work.


Why This Matters

With federal student loan collections fully resumed, tax refund offsets a

Consumer advocates warn that intercepting refundable tax credits can push already struggling families into deeper financial distress. Refund seizures may prevent families from meeting basic needs such as housing, utilities, and transportation to work.


Why This Matters

With federal student loan collections fully resumed, tax refund offsets are once again a major consumer protection issue. Attorneys and advocates should be alert to:

  • Notice and due process failures 
  • Seizure of anti-poverty tax credits
  • Disproportionate harm to low-income borrowers

When “Technically True” Credit Reports Still Break the Law

1/13/26- Consumers are often told that a credit report or background check is “accurate” because the information isn’t outright false. But a recent federal court decision makes something very clear:  👉 Leaving out important information can violate the Fair Credit Reporting Act (FCRA).

The Case: Claybrook v. Carco Group, Inc.

In Claybrook, a consumer challenged a criminal background report that failed to include a favorable disposition of a criminal matter. While the report contained some correct information, it omitted critical context that materially changed how the record appeared.


The defendant argued that because the report wasn’t technically false, it couldn’t be inaccurate under the FCRA.  


The court disagreed.

What the Court Said Matters

The court held that under the FCRA:

  • Information can be “inaccurate” even if it is partially true
  • Omissions can be misleading
  • This is especially important in criminal background reports, where incomplete information can unfairly cost someone a job, housing, or opportunity
     

In short: 📌 Accuracy under the FCRA means fairness and completeness — not just technical correctness.

Why This Is a Big Deal for Consumers

Many consumers are denied jobs, apartments, or credit because of reports that:

  • Leave out dismissals
  • Exclude favorable dispositions
  • Present incomplete histories as if they are the full story
     

This case reinforces that consumer reporting agencies have a legal duty to present information in a way that is not misleading. If a report creates the wrong impression — even by omission — it may violate federal law.

What You Should Do If This Happens to You

If you’ve been harmed by a credit report or background check that:

  • Leaves out important information 
  • Misrepresents the outcome of a case
  • Makes your history look worse than it really is
     

You may have rights under the Fair Credit Reporting Act.

📌 Disputing the report is often just the first step.
📌 A “verified” response does not always mean the report is lawful.

Bottom Line

This decision sends a strong message: Consumer reporting agencies cannot hide behind “technical accuracy” when their reports mislead.  If something feels unfair about your credit or background report, trust that instinct — and get advice from someone who knows how the FCRA actually works.

Replying “STOP” Doesn’t Stop the Texts

...And That’s a Federal Violation

12/15/25- Most consumers assume that replying “STOP” to an unwanted text message will end the communication. That’s what businesses promise, and it’s what federal law requires.


But recent federal lawsuits show a different reality:  many companies continue texting anyway — and that’s not just annoying, it’s illegal.


Across the country, consumers are filing claims under the Telephone Consumer Protection Act (TCPA) after businesses ignored opt-out requests, violated do-not-call rules, or continued automated texting without consent. Courts are making clear that “STOP” is not a suggestion — it’s a legal command.

The TCPA: A Brief Overview

The Telephone Consumer Protection Act of 1991 was enacted to protect consumers from intrusive, unwanted communications. While originally focused on robocalls, the TCPA now squarely applies to:

  • Marketing and promotional text messages
  • Automated or prerecorded debt collection calls
  • Telemarketing calls to cell phones
  • Communications sent to numbers on the National Do Not Call Registry
     

The TCPA is a strict liability statute, meaning companies can be held responsible even if they claim the violation was accidental.

Why Opt-Out Requests Matter So Much

Federal regulations and court decisions consistently hold that:

  • Consumers have the absolute right to revoke consent at any tim 
  • Revocation can be done in any reasonable manner, including replying “STOP”
  • Once consent is revoked, all covered communications must cease
  • Companies must maintain internal do-not-call lists and procedures
     

Failure to do so is not a technical error — it is a statutory violation.

Recent Federal Lawsuits Show the Pattern

Lawsuits filed in late 2025 highlight how widespread these violations remain.


Ignoring “STOP” After Confirming Opt-Out

Pero v. Brown Daub Chevrolet (E.D. Pennsylvania) - In this case, the plaintiff alleges she received telemarketing texts from a car dealership. After replying “STOP,” she received a confirmation message stating she had opted out — yet the texts continued. The lawsuit claims the dealership failed to honor opt-out requests and did not maintain adequate internal do-not-call procedures, both required under the TCPA. This fact pattern is especially damaging to defendants because: consent was clearly revoked; ghe opt-out was acknowledged and continued messages show knowing or willful conduct.
 

Texting Consumers on the Do Not Call Registry

Shay v. Snap Kitchen Investments, LLC (S.D. California) = This proposed class action alleges that marketing text messages were sent to consumers whose numbers were registered on the National Do Not Call Registry. Registration on the DNC list places additional obligations on businesses. Telemarketing texts sent without proper consent can trigger liability even if the company claims the messages were part of a marketing campaign or promotional program.


Violations Based on Timing Alone

Washington v. Fur LLC (C.D. California) - In this case, the plaintiff alleges telemarketing texts were sent outside legally permitted hours — before 8:00 a.m. or after 9:00 p.m. local time. Many consumers don’t realize that timing violations alone can support a TCPA claim. There is no requirement that the message be repeated, harassing, or threatening.

“But I Gave Them My Number” — Why That Defense Fails

One of the most common misconceptions is that providing a phone number automatically gives permanent consent. It does not. 


Courts have repeatedly held:

  • Consent can be limited
  • Consent can be revoked
  • Consent for one purpose does not equal consent for telemarketing
  • Silence is not consent
     

Once a consumer opts out, prior consent becomes irrelevant.

Statutory Damages: Why These Cases Matter

Unlike many consumer claims, TCPA cases do not require proof of actual financial harm. The law provides statutory damages:

  • $500 per illegal call or text
  • Up to $1,500 per violation if the conduct was knowing or willful
     

This means:

  • 10 illegal texts = $5,000–$15,000
  • 25 illegal texts = $12,500–$37,500
  • Class actions can expose companies to massive financial liability
     

These damages exist to deter misconduct — not just compensate inconvenience.

Common Corporate Excuses Courts Reject

Businesses frequently argue:

  • “It was automated”
  • “The system malfunctioned”
  • “We outsourced texting to a vendor”
  • “The messages were informational”
  • “The consumer didn’t opt out correctly”
     

Federal courts routinely reject these arguments where:

  • Opt-out requests were clear
  • Messages continued anyway
  • The content was promotional or debt-related
  • The consumer never consented
     

Responsibility cannot be outsourced.

What To Do If You Keep Getting Texts After Replying “STOP”

 If this is happening to you, take the following steps:


1. Preserve Evidence

  • Screenshot every message
  • Keep timestamps and phone numbers
  • Save opt-out confirmations
     

2. Don’t Keep Opting Out

  • You are not required to repeat your request
  • Continued messages only strengthen your claim
     

3. Identify the Sender

  • Look for business names, short codes, or websites
  • Multiple numbers from the same company still count
     

4. Talk to a Consumer Rights Attorney

  • TCPA cases are often handled on a contingency basis 
  • Attorney’s fees are recoverable from the defendant 
  • You may owe nothing out of pocket

Why These Cases Continue to Be Filed

Despite clear law, many companies:

  • Prioritize marketing over compliance
  • Use outdated or poorly configured systems
  • Ignore consumer complaints
  • Assume individuals won’t enforce their rights

Federal courts are proving that assumption wrong.


The Bottom Line

Replying “STOP” is not a courtesy — it’s a legal boundary. When companies cross that boundary, they can be held accountable under federal law. If unwanted texts or calls continue after you opt out, you may have strong legal claims — and meaningful financial remedies.

What to Do If You’re Sued for a Debt

How To Use This Guide

Common Reasons People Are Sued for a Debt

How To Use This Guide

12/2/25 - Facing a debt collection lawsuit can feel overwhelming — but you have more rights and defenses than you may realize. Debt buyers and collection law firms rely on consumers not responding so they can win by default. Understanding the process and your legal options can dramatically improve your outcome.

This guide explains what debt defense is, how lawsuits work, the defenses most commonly used in court, and how a consumer protection attorney can help you fight back.

What is Debt Defense?

Common Reasons People Are Sued for a Debt

How To Use This Guide

Debt defense is the legal process of challenging a creditor’s or debt buyer’s attempt to collect a debt through litigation. It includes reviewing the collector’s evidence, asserting your rights under state and federal law, and raising legal defenses that may eliminate or reduce the claimed balance.

Debt buyers often purchase accounts for pennies on the dollar and usually lack proper documentation. This creates opportunities to challenge the case and protect consumers from invalid, inflated, or improperly pursued debts.


Common Reasons People Are Sued for a Debt

Common Reasons People Are Sued for a Debt

Common Reasons People Are Sued for a Debt

You may be sued for a variety of consumer debts, including:

  • Credit card 
  • Personal loans
  • Medical bills
  • Auto loan deficiencies
  • Retail cards or store financing
  • Lines of credit
  • Private student loans

Many of these accounts are sold multiple times, creating errors, missing paperwork, or incorrect balances — all issues that weaken the collector’s case.

Your Rights Under Federal and State Law

What to Do If You’re Served With a Debt Lawsuit

Common Reasons People Are Sued for a Debt

Consumers are protected by several laws, including:


Fair Debt Collection Practices Act (FDCPA)

Prevents abusive, deceptive, or unfair collection activity. Violations can result in the collector paying you damages.


Fair Credit Reporting Act (FCRA)

Regulates credit reporting and prevents inaccurate information from being reported.


State Consumer Protection Laws

States like Pennsylvania, New Jersey, Maryland, and others have their own laws requiring collectors to prove their claims with precision.

You do not have to tolerate harassment, inaccuracies, or unlawful tactics — and you should never assume the collector is right.


What to Do If You’re Served With a Debt Lawsuit

What to Do If You’re Served With a Debt Lawsuit

What to Do If You’re Served With a Debt Lawsuit

1. Do NOT Ignore the Complaint

Failing to respond usually results in a default judgment, allowing the collector to pursue wage garnishment, bank levies, and liens where permitted.


2. Review the Allegations Carefully

Debt buyers often include vague claims or incorrect amounts. Every detail matters.


3. Gather Your Records

Statements, letters, credit reports, and past communications may help uncover inconsistencies.


4. Speak With a Debt Defense Attorney

An attorney can identify legal defenses, negotiate settlements, or move to dismiss the case entirely. Many lawsuits are weak and winnable.


Common Debt Defense Strategies

What to Do If You’re Served With a Debt Lawsuit

What to Do If You’re Served With a Debt Lawsuit

1. Lack of Standing

A collector must prove they legally own the debt. Missing assignments or improper documentation can destroy their case.


2. Statute of Limitations

Every state limits how long a collector can sue. If the deadline has passed, the lawsuit may be dismissed.


3. Incorrect Balance

Debt buyers frequently add improper fees or interest. You can challenge the amount claimed.


4. Missing Documentation

Collectors often cannot produce:

  • The original contract 
  • A complete payment history 
  • Proof of account ownership
  • Itemized charges 

If they cannot prove the debt, they cannot win.


5. Identity Theft or Mistaken Identity

If the debt is not yours, you have strong defenses under federal and state law.


6. FDCPA Violations

If the collector broke the law, you may counterclaim for damages.


How a Consumer Protection Attorney Helps

How a Consumer Protection Attorney Helps

How a Consumer Protection Attorney Helps

A skilled debt defense attorney can:

  • File a legal Answer to prevent default
  • Challenge the collector’s evidence
  • Demand documents through discovery
  • Negotiate settlements or dismissals
  • Identify FDCPA violations
  • Represent you in court
  • Protect your credit and finances


Many debt buyers simply cannot meet the legal burden required to win once challenged.


(Pictured above: Attorney Amy Ginsburg of Ginsburg Law Group)


Why Hiring a Lawyer Makes a Difference

How a Consumer Protection Attorney Helps

How a Consumer Protection Attorney Helps

Debt buyers count on consumers being unfamiliar with the legal process. When you hire counsel, the collector must prove their case — and many cannot. Attorneys experienced in consumer law know:

  • Which defenses are most effective
  • How to expose gaps in the collector’s evidence
  • How to use state and federal laws to your advantage


You should never assume you owe what the collector claims. A strong legal defense can save you money, protect your rights, and help you regain peace of mind.

Final Thoughts

How a Consumer Protection Attorney Helps

Final Thoughts

Being sued for a debt is stressful, but you are not powerless. With the right legal strategy, many consumers successfully defeat or resolve debt lawsuits on favorable terms. Whether the balance is large or small, it is worth exploring your defenses before taking any action.


If you are facing a debt collection lawsuit, our firm is here to help you understand your rights, evaluate your case, and build a strong defense.


Contact Ginsburg Law Group today!  

Call us at 855-978-6564 or email us at debtdefense@ginsburglawgroup.com.

FROM FULL CHARGE TO FULL FRUSTRATION: Is Your EV a Lemon?

What to Do When the Battery Keeps Failing

11/17/25 - Electric vehicles promise low maintenance and long battery life — but what happens when your EV loses range, won’t hold a charge, or spends more time in the shop than on the road? Battery degradation, charging-system failures, thermal-management problems, and persistent software faults are increasingly common sources of lemon-law claims for EV owners. This guide explains how to spot an EV lemon, what to document, and the next steps to get a refund, replacement, or other remedies. 

Why EV problems are different

 EVs combine complex hardware (batteries, power electronics, charging ports) and software (battery management systems, vehicle controls). A “fix” might be a software update that temporarily masks a problem, or a hardware repair that doesn’t restore lost battery capacity. Because batteries naturally lose some capacity over time, the key question is whether the loss is abnormal relative to expectations for the vehicle and its warranty.   


Lemon Law protections and procedures vary by state, and some statutes apply only to new vehicles while others reach certain used or certified pre-owned vehicles. For state-by-state differences, see our internal law summaries and statute references at www.ginsburglawgroup.com. 

Top causes of EV charging problems (grouped)

 Vehicle / battery system

  • Battery degradation or failing cells. Cells with high internal resistance or dead cells reduce charge acceptance and usable capacity. 
  • Battery Management System (BMS) faults. BMS may refuse or limit charging when it detects imbalance, faulty sensors, or safety risks 
  • Thermal-management failure. Cooling/heating system leaks or pump failures force the BMS to limit charging (especially DC fast charge) to protect the pack 
  • On-board charger (OBC) failure. If the OBC is bad, AC (Level 1/2) charging won’t work or will be very slow 
  • High-voltage contactors / fuses / relays. A blown fuse or bad contactor can interrupt charging entirely 
  • Power electronics / inverter issues. Failures in the vehicle’s power electronics can prevent charging or trigger fault codes 
  • Software/firmware bugs. Vehicle firmware or BMS software bugs or bad OTA updates can disrupt charging or cause incorrect state-of-charge reporting 
  • Cell imbalance & pack management. If cells get out of balance, the pack won’t accept full charge until rebalanced or repaired.
     

Charger / EVSE (home or public)

  • Damaged charging cable or connector pins. Bent pins, corrosion, or water/dirt in the port prevent proper contact 
  • EVSE electronics or wiring faults. Faulty control pilot signaling, broken components in public chargers, or a misconfigured EVSE 
  • Connector incompatibility / adapter problems. Using the wrong adapter or an adapter with no proper communication (NACS/CCS/CHAdeMO issues) 
  • Charging station authorization/payment failures. Station won’t start because of RFID/card/app/authorization errors.
     

Grid / installation / electrical

  • Insufficient house wiring / voltage drop. Poor wiring, undersized circuit, or a tripped breaker will reduce or stop AC charging 
  • Ground fault / residual current device trips. Safety devices may interrupt charging until the ground fault is fixed 
  • Utility/outage or transient voltage events.
     

Environmental & user factors

  • Extreme temperatures. Cold or very hot batteries accept charge poorly; BMS will limit or prevent charging until conditions improve or the battery is preconditioned 
  • Incorrect user settings. Charging limits (set to a low SOC), scheduled charging, or valet/transport modes can prevent charging 
  • Improper charging routine or charger type. Expect slower AC charging versus DC fast charging; fast-charging limits may apply at high state-of-charge.
     

Communication & protocol failures

  • Handshake/communication errors. Charging requires a digital handshake (control pilot, PLC, CAN, etc.). Failures in that exchange stop charging 
  • OTA / firmware mismatches between car and charger. Sometimes recent updates break compatibility until patched.
     

Design/manufacturing defects

  • Manufacturing defects in battery pack or thermal design. Bad modules, weak thermal paths, or systemic defects that show up repeatedly across vehicles 
  • Poorly designed connectors or seals that allow moisture/corrosion.

Common symptoms / dashboard messages and likely causes

  • “Charging paused” / “Charging unavailable”: charger authorization, connector fault, or EVSE problem 
  • “Reduced charging rate”: thermal protection, power-limited EVSE, or BMS protecting pack.
  • “Cannot charge / Charging blocked”: safety fault — BMS, contactor/fuse, or severe battery fault.
  • Rapid drop in displayed range / “Battery degraded”: cell degradation or BMS reporting reduced capacity.
  • Charge stops at X% (e.g., 80%): intentional SOC limit (battery protection) or charger limiting due to temperature/SOC.
  • Intermittent charging (starts/stops): poor contact, connector contamination, or communication glitches.


Quick troubleshooting steps

  • Try a different charger (different public station or another home EVSE). If it charges, the car is probably okay and the original charger/adapter was the issue
  • Inspect charge port and cable for debris, corrosion, or damaged pins — photograph any damage.
  • Check vehicle app & dash for codes/warnings. Note exact messages, error codes, and times.
  • Verify user settings (scheduled charging, max SOC limits, valet/transport mode).
  • Precondition the battery (use the car’s preheat/precondition feature if available) and retry, especially in cold weather.
  • Check home breaker / EVSE status lights. Reset GFCI/trip if safe to do so. Ensure your charger’s rated amperage matches your circuit.
  • Record environmental conditions (temp, charger type) and repeat a simple range test (see Battery Test Log).
  • Request and save diagnostic data from the dealer: BMS logs, telematics, and repair orders. Send certified mail/email for legal preservation if needed.

Common EV warning signs that point to a lemon

  • Rapid or excessive battery capacity loss compared with EPA-rated range or the vehicle’s history 
  • Repeated battery or charging-system repairs with no lasting fix 
  • “Reduced range” or “service battery” warnings that persist after repairs 
  • Battery replacements or repairs more than once for the same issue 
  • Software updates that materially reduce usable range or disable features 
  • Charging port or on-board charger failures that prevent reliable charging 
  • Dealer or manufacturer denials of warranty coverage despite recurrent defects

 

What to document (if seeking a repair, battery test, or legal remedy)

  • Dates/times of every failed charge and successful charge (if any).
  • Photos/videos of port, cable, and dash warnings.
  • All repair orders, diagnostic reports, BMS/telematics exports, and software update logs.
  • Charger details: make/model/location, charger type (L1/L2/DC), connector standard (CCS/NACS/CHAdeMO), and any station authorization receipts.
  • Range test logs (charge percent, miles driven, temps, charger used) — the Battery Test Log you asked for is ideal.
  • Any communications (email/text) with dealer/manufacturer and certified-mail receipts.
     

When it suggests a serious defect / legal claim

  • Repeated DC fast-charge refusal or repeated repairs for the same battery/thermal problem.
  • Large, unexplained capacity loss over a short period under normal conditions.
  • Manufacturer or dealer refuses to provide BMS/telematics data.
    In these cases, preserve everything and get a battery capacity test from an independent EV technician or battery lab. That data plus repair history and BMS logs are often decisive in lemon claims.
     

Safety note

If the vehicle displays critical battery faults, smoke, overheating, or you smell burning, stop charging immediately and get professional assistance — battery fires and thermal runaway are dangerous.

7 steps to protect your rights (do these now)

  1. Keep every repair record — dates, mileage, repair orders, and descriptions of work performed. 
  2. Preserve evidence — screenshots of dashboard warnings, photos of charger ports/damage, and any emails or texts from the dealer/manufacturer. 
  3. Get diagnostic data — ask the dealer or an independent EV technician for a full diagnostic report and a battery-management system (BMS) log or vehicle data download. Manufacturers often keep telematics logs; request these in writing. 
  4. Track range & charging — charge to 100%, do a full-range test (note weather and road conditions), and record the miles driven vs. expected EPA range. Repeat periodically to show decline.
  5. Demand timely repairs and validation — send written requests to the dealer and manufacturer for repairs and copies of diagnostic reports. Send certified mail when asking for legal remedies.
  6. Check recalls/TSBs & file complaints — search NHTSA recalls and your state’s consumer protection office for related campaigns. Safety defects should be reported immediately.
  7. Talk to an EV expert and an attorney — a qualified EV technician can quantify battery degradation; an attorney can assess lemon-law eligibility and preserve claims.

What remedies might be available?

 If your vehicle qualifies under your state’s lemon law or under other consumer-warranty laws, you may be entitled to:

  • A repurchase (refund) of the vehicle, or a replacement vehicle; 
  • A cash buyback for the diminished value 
  • Reimbursement for incidental costs (towing, rental); an 
  • Attorney’s fees and other statutory remedies under state law and the federal Magnuson-Moss Warranty Act. Remedies and procedures depend on the state and the vehicle’s warranty.

Used EVs — don’t assume you’re out of luck

 Some states limit lemon-law coverage to new vehicles, but used-EV buyers may still have claims under express warranties, implied warranties, or fraud/consumer-protection laws if the seller misrepresented battery condition or failed to disclose known problems. If the vehicle was sold “certified pre-owned” with a warranty, that warranty often triggers remedies similar to new vehicles.

EV Lemon Evidence Checklist (what we collect, and what other firms will likely request)

  • Purchase contract, warranty booklet, and any sales related documents
  • Repair orders and service invoices (all visits)
  • Diagnostic reports and BMS/telematics downloads
  • Photos/videos of dashboard warnings and charging issues
  • Range test logs (dates, temps, weather, charging status)
  • Correspondence with dealer/manufacturer (emails/texts/certs)
  • Receipts for rentals, towing, charging-related costs

EV LEMON CHECKLIST

 A step-by-step checklist to document battery problems, preserve evidence, and prepare a lemon-law claim .


Owner & Vehicle

  • Owner name: ______________________ 
  • Phone / Email: _______________________
  • Purchase date: ___________  
  • Sale type (new/used/CPO): __________ 
  • Make / Model / Year: ______________________ 
  • VIN: ______________________ 
  • Odometer at purchase: __________ 
  • Warranty type & term: _______________________

 

Quick preservation steps (do these now)

☐ Save every repair order, invoice, and service estimate (do not rely on oral assurances).
☐ Screenshot or forward all emails/texts from dealer/manufacturer.
☐ Photograph dashboard warnings, charging port damage, and any failed charging sessions.
☐ Back up telematics or diagnostic files provided by dealer (USB/ email).
☐ Keep rental/towing receipts, and charging receipts if incurred due to defect.
☐ Do not accept settlement language that purports to waive future claims without review.

 

What to collect (evidence checklist)

Sales & warranty documents
☐ Sales contract / bill of sale / financing papers
☐ Warranty booklet & extended warranty contracts
☐ Any advertising claims or dealer statements about range/battery health

Service & diagnostics
☐ All repair orders, service invoices, and repair receipts (every visit)
☐ Diagnostic reports, BMS logs, telematics downloads, and error codes
☐ Dealer/technician notes describing repairs performed and parts installed
☐ Records of software/firmware updates (dates & version numbers)

Operational evidence
☐ Range test logs (date, temp, charge %, range achieved) — use the Battery Test Log (page 2)
☐ Photos/videos of dashboard warnings, charging failures, or failed charge sessions
☐ Witness statements (if charging problem occurred at public charger)
☐ Copies of recall or TSB notices that mention your defect

Communications
☐ Emails and texts to/from dealer or manufacturer (save originals)
☐ Certified mail receipts for legal notices (keep green cards/ tracking)
☐ Notes of phone calls: date, time, name, summary


BMS / Telematics & Data request checklist

When you request data from the dealer/manufacturer, ask specifically for:
☐ Full battery-management system (BMS) data export covering the period from purchase to present (include timestamps and SOC history).
☐ Telematics / event logs related to charging, thermal events, and fault codes.
☐ Repair-related software/firmware update logs (date + version + description).
☐ Complete copies of diagnostic reports and scanned repair orders.
☐ Any remote service actions performed by the manufacturer (OTA patches, remote resets).


Suggested data request language (send by certified mail/email):

Please provide a copy of all BMS/telematics data, diagnostic reports, repair orders, and software/firmware update logs for VIN [VIN], from [purchase date] to present. Please confirm receipt and produce these records within 14 days.

Range Test Procedure 

Perform repeatable tests under consistent conditions to document capacity loss:

  1. Charge to 100% (use same charger type — Level 2 recommended). Record charger type and station. 
  2. Note ambient conditions: outside temp (°F/°C), wind, elevation, road type. Extreme cold/heat affects range.
  3. Reset range estimate where applicable (if vehicle offers a “full charge” display).
  4. Drive a mixed route that’s similar each test (highway vs. city matters). Use the same driving style (cruise where possible).
  5. At trip end, record actual miles driven and remaining % (or miles remaining). Repeat monthly or after each repair.
  6. Log all results in the Battery Test Log below. Attach photos of dash readouts and a photo of odometer.


What remedies to ask for

☐ Repurchase/refund (buyback)
☐ Replacement vehicle of comparable value
☐ Cash settlement for diminished value & incidental costs (rental, towing)
☐ Reimbursement of repairs and out-of-pocket expenses
☐ Attorney’s fees where allowed by statute


Disclaimer: This checklist provides general guidance and is not a substitute for legal advice. For state-specific requirements and deadlines, consult an attorney.

BATTERY TEST LOG

Repeat the table for each test date:


- Date

- Time

- Mileage (odometer)

- Charge Start %

- Charge End %

- Charger Type (L1/L2/DC)

- Charger Location / Station

- Ambient Temp (°F/°C)

- Weather / Conditions

- EPA Rated Range

- Starting Range Display (mi or %)

- Actual Miles Driven

- Ending Range Display (mi or %)

- Energy Used (kWh)

- Observed Warnings / Fault Codes

- Repair Visit? (Y/N)

- Repair Order #

- Diagnostic Report Provided? (Y/N)

- Telematics/BMS Received? (Y/N)

- Photos/Videos Attached? (Y/N)

- Notes: _____


(Tip: For spreadsheet use, create columns with the header row above; run tests monthly and preserve prior sheets.)


Notes on interpreting results

  • Large sudden drops in range under similar conditions likely indicate abnormal degradation.
  • Gradual, small declines may be normal but compare to EPA expectations and similar model reports.
  • Software updates that change the displayed range should be documented (record software version and date).
  • A certified EV technician or independent battery lab report quantifying remaining battery capacity (kWh or % of original capacity) is strong evidence.

Signature & date

After completing your chart, sign and date it: 


I certify that the above tests and documentation were performed truthfully and accurately to the best of my knowledge.

Owner signature: _______________________   Date: ___________

When to Call an Attorney

If you have: repeated repair visits for the same battery/charging defect, documented capacity loss that’s unreasonable, or the manufacturer refuses to provide BMS/telematics data — call a lemon law attorney.  Ginsburg Law Group offers a free consultation. We’ll review records and advise on lemon law eligibility.  Call us at 855-978-6564 or email us at lemonlaw@ginsburglawgroup.com.

Top 10 Most Common fdcpa violations

...and What Consumers Can Do

 10/21/25- Consumers have powerful protections under the Fair Debt Collection Practices Act (FDCPA) — a federal law designed to stop harassment, deception, and abuse in the debt-collection process. But every year, debt collectors continue to violate the FDCPA — often because consumers don’t realize how many of their rights are being ignored. Here are the 10 most common FDCPA violations that consumers experience — and what you can do if it happens to you.

1️⃣ Harassing or Repeated Phone Calls

3️⃣ Contacting You at Work After You Say Not To

2️⃣ Calling Before 8 a.m. or After 9 p.m.

 Collectors cannot call repeatedly or continuously with the intent to annoy, abuse, or harass.
📵 If you’re receiving multiple calls per day, that may already be a violation.

Your right: You can tell the collector in writing to stop contacting you — and they must comply.

2️⃣ Calling Before 8 a.m. or After 9 p.m.

3️⃣ Contacting You at Work After You Say Not To

2️⃣ Calling Before 8 a.m. or After 9 p.m.

 The FDCPA restricts collection calls to reasonable hours — generally between 8 a.m. and 9 p.m. (your local time).
Late-night or early-morning calls are unlawful. 

3️⃣ Contacting You at Work After You Say Not To

3️⃣ Contacting You at Work After You Say Not To

3️⃣ Contacting You at Work After You Say Not To

 If you tell a collector that your employer does not allow personal calls, they must stop contacting you at work.  

Violating that rule is one of the most common FDCPA complaints. 

4️⃣ Discussing Your Debt with Others

3️⃣ Contacting You at Work After You Say Not To

3️⃣ Contacting You at Work After You Say Not To

 Collectors may only speak to you, your attorney, or your spouse.
They cannot tell your employer, relatives, or friends about your debt — not even to “verify information.”

This is one of the most serious privacy violations under the FDCPA.

5️⃣ Making False Threats

7️⃣ Attempting to Collect Time-Barred (“Too Old”) Debts

6️⃣ Misrepresenting the Amount or Status of a Debt

 Collectors cannot threaten to:

  • Have you arrested,
  • Garnish your wages (unless they already have a judgment), or
  • Take legal action they don’t intend to take.


These scare tactics are illegal and designed to pressure consumers into paying debts they may not even owe.

6️⃣ Misrepresenting the Amount or Status of a Debt

7️⃣ Attempting to Collect Time-Barred (“Too Old”) Debts

6️⃣ Misrepresenting the Amount or Status of a Debt

 Collectors must provide accurate information. They can’t inflate the balance with unauthorized fees or interest, and they must identify the original creditor clearly. 

7️⃣ Attempting to Collect Time-Barred (“Too Old”) Debts

7️⃣ Attempting to Collect Time-Barred (“Too Old”) Debts

7️⃣ Attempting to Collect Time-Barred (“Too Old”) Debts

  Each state has a statute of imitations that limits how long a debt can be legally collected through court. Trying to sue or threaten to sue on an expired debt violates the FDCPA.


⚠️ Even making a small payment on a time-barred debt can restart the clock, so get advice before paying anything.

8️⃣ Ignoring a Written “Cease Communication” Request

7️⃣ Attempting to Collect Time-Barred (“Too Old”) Debts

7️⃣ Attempting to Collect Time-Barred (“Too Old”) Debts

 Once you tell a collector in writing to stop contacting you, they may only reach out to confirm they’ll stop — or to notify you of a specific legal action.


Continuing to call, text,  

or email afterward is a clear violation. 

9️⃣ Failing to Provide Written Verification of the Debt

9️⃣ Failing to Provide Written Verification of the Debt

9️⃣ Failing to Provide Written Verification of the Debt

 Within five days of their first contact, collectors must send you a written notice stating:

  • The amount owed,
  • The name of the original creditor, and 
  • How to dispute the debt 

If you dispute it within 30 days, they must pause collection until they verify it.

🔟 Adding Unauthorized Fees or Interest

9️⃣ Failing to Provide Written Verification of the Debt

9️⃣ Failing to Provide Written Verification of the Debt

 Collectors can’t tack on extra fees or interest unless the original contract or state law allows it.
Charging “collection fees” or “processing fees” without basis is illegal. 

⚖️ What to Do If a Collector Breaks the Law

9️⃣ Failing to Provide Written Verification of the Debt

⚖️ What to Do If a Collector Breaks the Law

If a collector violates your FDCPA rights, you may be entitled to:

  • Up to $1,000 in statutory damages, 
  • Actual damages for stress, credit harm, or lost wages, and
  • Attorney’s fees and costs (so you don’t pay out of pocket).

💬 The most important step? Document everything.
Save call logs, letters, texts, and voicemails. Then, contact a consumer-protection attorney as soon as possible.

🧭 Bottom Line

9️⃣ Failing to Provide Written Verification of the Debt

⚖️ What to Do If a Collector Breaks the Law

 “You may owe a debt — but you don’t owe your peace of mind. The law requires collectors to treat you with honesty and respect.”
— Amy Ginsburg, Esq.
 

If you’re dealing with harassment, false threats, or repeated calls from debt collectors, you have options.
Ginsburg Law Group helps consumers across Florida and beyond enforce their right

 “You may owe a debt — but you don’t owe your peace of mind. The law requires collectors to treat you with honesty and respect.”
— Amy Ginsburg, Esq.
 

If you’re dealing with harassment, false threats, or repeated calls from debt collectors, you have options.
Ginsburg Law Group helps consumers across Florida and beyond enforce their rights and hold abusive collectors accountable.


📞 Call us today for a free consultation - 855-978-6564.
🌐 www.ginsburglawgroup.com

How to Spot a FDCPA Letter Violation

Understanding Letter Violations

The Basics: What the FDCPA Requires

The Basics: What the FDCPA Requires

10/12/25 - When you receive a debt collection letter, it can be intimidating — even more so if you’re not sure whether the collector is playing by the rules. Fortunately, the Fair Debt Collection Practices Act (FDCPA) gives consumers strong protections against deceptive or abusive collection practices. Understanding what an FDCPA letter violation looks like can help you protect your rights and hold collectors accountable.


The Basics: What the FDCPA Requires

The Basics: What the FDCPA Requires

The Basics: What the FDCPA Requires

Under the FDCPA, a debt collector’s written communication must clearly & truthfully disclose:

  • The amount of the debt;
  • The name of the creditor to whom the debt is owed; and
  • A statement of your right to dispute the debt within 30 days.

These requirements are part of what’s called the “validation notice.” It’s designed to ensure that you know what debt is being collected and have the opportunity to dispute it if it’s incorrect.

Red flag: If a letter doesn’t identify who the original creditor is, or fails to inform you of your right to dispute the debt, that’s a likely violation.

 law is on your side.

Deceptive or Misleading Language

The Basics: What the FDCPA Requires

Failure to Properly Identify the Collector

Collectors are prohibited from using false, deceptive, or misleading representations in any communication. Common violations include:

  • Threatening legal action they have no intent or ability to take (e.g., “We’ll sue you next week!” when they don’t plan to). 
  • Misstating the amount owed, especially by adding unauthorized interest or fees 
  • Using official-looking letterhead or claiming to be affiliated with a government agency or law firm when they’re not 

Even subtle phrasing can be misleading. For instance, if the letter implies your credit will be “immediately ruined” unless you pay — without explaining your rights — that may cross the line.


Failure to Properly Identify the Collector

Failure to Properly Identify the Collector

Failure to Properly Identify the Collector

The FDCPA requires that every communication clearly states that it is from a debt collector and that any information obtained will be used for that purpose. If a letter doesn’t make this disclosure — sometimes called the “mini-Miranda warning” — it violates the law.

Tip: Look for phrases like communication is from a debt collector.” If missing, the letter is defective.

Overshadowing Your 30-Day Dispute Right

Failure to Properly Identify the Collector

Overshadowing Your 30-Day Dispute Right

One of the more technical but common violations involves “overshadowing.” This occurs when the tone or content of the letter makes it seem like you must pay immediately — even though you legally have 30 days to dispute the debt.

For example: “Payment must be received within 10 days to avoid further action.”  This language can confuse consumers into believing they have no right to dispute, which violates the FDCPA’s validation notice requirements.


Collection of Time-Barred Debts

Failure to Properly Identify the Collector

Overshadowing Your 30-Day Dispute Right

If the debt is beyond the statute of limitations — meaning it’s too old for the collector to sue over — any implication that legal action could occur may be deceptive. The collector must not mislead you into thinking you can be sued for payment or that nonpayment will affect your legal rights. Some states even require collectors to affirmatively disclose that the debt is time-barred. If they fail to do so, that’s a red flag worth investigating.

Harassment or Abuse by Mail

What to Do If You Suspect a Violation

What to Do If You Suspect a Violation

While most FDCPA harassment claims involve phone calls, letters can be abusive too. Repeated or threatening letters designed to embarrass, intimidate, or coerce payment may violate §1692d of the FDCPA. So can sending correspondence to your workplace after being told not to.


What to Do If You Suspect a Violation

What to Do If You Suspect a Violation

What to Do If You Suspect a Violation

If you believe a letter violates the FDCPA:

  1. Keep the envelope and all pages of the correspondence.
  2. Note the dates of receipt and any follow-up communications.
  3. Do not call the collector directly without first consulting a consumer protection attorney.
  4. Contact an attorney who handles FDCPA and state consumer protection claims — they can assess whether the letter violates the law and may be able to recover statutory damages on your behalf.

Under the FDCPA, consumers can recover up to $1,000 in statutory damages, plus attorney’s fees & costs — even if they weren’t financially harmed.


Final Thoughts

What to Do If You Suspect a Violation

Final Thoughts

Debt collectors must follow strict rules under the FDCPA — and many don’t. By learning how to spot a defective or deceptive letter, consumers can protect themselves and help ensure fair treatment under the law. If you’ve received a questionable collection letter, don’t ignore it — have it reviewed by a consumer protection attorney. The law is on your side.

the Latest ON Robocall and Text MesSAGE LAWSUITS

WHAT YOU NEED TO KNOW

10/2/25 - If you’ve ever been frustrated by unwanted robocalls or spam texts, you’re not alone. In fact, new lawsuits are being filed every day under the Telephone Consumer Protection Act (TCPA)—a law that protects you from companies who misuse your phone number. Here’s a breakdown of the key issues we’re seeing in the latest cases.

1. Robocalls and Spam Texts Without Permission

The number one complaint? Companies using automated systems or prerecorded messages to contact people without their permission. If you didn’t sign up to get those calls or texts, they may be breaking the law.


2. No “Opt-In” for Marketing Messages

Some businesses send promotional texts without asking you to clearly agree first. Under the law, marketing messages require your express written consent.

3. Blaming Third Parties Won’t Work

Many companies hire outside marketing firms to do their advertising. But if those firms break the law, the company itself can still be held responsible.


4. Tricky “Informational” Messages

Some texts look like simple updates, but in reality they’re ads in disguise. Courts are treating those as marketing too—which means consent is required.

5. Penalties Can Be Big

When companies break the rules on purpose, the law allows for triple damages—meaning they could owe $1,500 per call or text. That adds up fast, especially in class action lawsuits.


Why This Matters for You

  • If you’re getting repeated robocalls or spam texts, you don’t have to just put up with it.
  • You may be entitled to damages under the TCPA.
  • Taking action doesn’t just protect you—it also pressures companies to clean up their practices.
     

At Ginsburg Law Group, we help consumers fight back against unwanted robocalls, text spam, and other unfair practices. If you’ve been harassed by repeated calls or texts, you may have a case.

When Debt Collectors Ignore the Automatic Stay: Your Rights

Your Rights Under Bankruptcy & Fair Debt Collection Practices Act

Your Rights Under Bankruptcy & Fair Debt Collection Practices Act

Your Rights Under Bankruptcy & Fair Debt Collection Practices Act

09/17/25 - Filing for Chapter 7 or Chapter 13 bankruptcy is supposed to bring relief — an automatic pause on collection efforts so you can breathe again. But what happens when collectors ignore the rules and keep calling, texting, or sending letters?


In this post, we’ll explore what the automatic stay means, how creditors sometimes violate

09/17/25 - Filing for Chapter 7 or Chapter 13 bankruptcy is supposed to bring relief — an automatic pause on collection efforts so you can breathe again. But what happens when collectors ignore the rules and keep calling, texting, or sending letters?


In this post, we’ll explore what the automatic stay means, how creditors sometimes violate it, and how you can use the Bankruptcy Code, FDCPA, and even the TCPA to fight back.

What Is the Automatic Stay?

Your Rights Under Bankruptcy & Fair Debt Collection Practices Act

Your Rights Under Bankruptcy & Fair Debt Collection Practices Act

When you file for bankruptcy, 11 U.S.C. § 362 imposes an automatic stay — a powerful court order that immediately stops:

  • Collection calls, texts, emails, and letters
  • Wage garnishments
  • Foreclosure proceedings
  • Lawsuits and judgments

Creditors and debt collectors must halt all efforts to collect, period. The stay is one of the most valuable protections bankruptcy offers.

Common Violations

Your Rights Under Bankruptcy & Fair Debt Collection Practices Act

FDCPA & TCPA Overlap

 Unfortunately, violations are common. 

Here are some examples:

  • Collection Calls or Texts – Any contact demanding payment after your filing date can be a violation.
  • Letters or Threats – Dunning letters, notices of intent to sue, or repossession threats.
  • Improper Lawsuits – Filing or continuing lawsuits after the stay is in place.

Even “informa

 Unfortunately, violations are common. 

Here are some examples:

  • Collection Calls or Texts – Any contact demanding payment after your filing date can be a violation.
  • Letters or Threats – Dunning letters, notices of intent to sue, or repossession threats.
  • Improper Lawsuits – Filing or continuing lawsuits after the stay is in place.

Even “informational” communications can cross the line if they pressure you to pay.

FDCPA & TCPA Overlap

Remedies for Consumers

FDCPA & TCPA Overlap

 When a collector contacts you post-bankruptcy, multiple laws may apply:

  • Bankruptcy Code – You can ask the bankruptcy court to sanction the creditor.
  • FDCPA – You may have a claim for unlawful debt collection attempts.
  • TCPA – If calls or texts used autodialers or prerecorded messages without consent, you may seek $500–$1,500 per call in statu

 When a collector contacts you post-bankruptcy, multiple laws may apply:

  • Bankruptcy Code – You can ask the bankruptcy court to sanction the creditor.
  • FDCPA – You may have a claim for unlawful debt collection attempts.
  • TCPA – If calls or texts used autodialers or prerecorded messages without consent, you may seek $500–$1,500 per call in statutory damages.

These overlapping protections can significantly increase potential recovery and deter repeat violations.

Remedies for Consumers

Remedies for Consumers

Remedies for Consumers

 If a collector ignores the automatic stay, you can:


  • Document Every Contact – Keep call logs, screenshots, voicemails, and letters.
  • Tell Your Attorney Immediately – They can bring the violation to the bankruptcy court’s attention.
  • Seek Sanctions or Damages – Courts can award actual damages, attorneys’ fees, and even punitive damages for willful violations.

Key Takeaways

Remedies for Consumers

Remedies for Consumers

  • The automatic stay is your shield — don’t let creditors ignore it.
  • Violations can trigger penalties under bankruptcy law, FDCPA, and TCPA.
  • Quick action and careful documentation are your best tools.


Bottom line: If collectors keep contacting you after filing for bankruptcy, you don’t have to put up with it. Talk to a consumer protection atto

  • The automatic stay is your shield — don’t let creditors ignore it.
  • Violations can trigger penalties under bankruptcy law, FDCPA, and TCPA.
  • Quick action and careful documentation are your best tools.


Bottom line: If collectors keep contacting you after filing for bankruptcy, you don’t have to put up with it. Talk to a consumer protection attorney right away — you may be entitled to financial compensation and court sanctions against the collector.

How to Stop Repeated Robocalls

... and Why Bringing TCPA Claims Protects Consumer Rights

 08/26/25 - Robocalls are everywhere.  Whether it’s a prerecorded pitch about a “limited-time” warranty, a text from a company you never dealt with, or repeated calls from telemarketers ignoring your opt-out, these intrusions can be disruptive and invasive. 


The good news: the Telephone Consumer Protection Act (TCPA) gives consumers the power to fight back. Beyond recovering money, filing TCPA claims is a critical way to uphold privacy and keep companies accountable.

What Is the TCPA?

The Telephone Consumer Protection Act of 1991 is a federal law that regulates telemarketing calls, autodialers, prerecorded messages, text messages, and faxes. The TCPA makes it illegal for companies to:

  • Use an autodialer or prerecorded voice to call your cell phone without consent. 
  • Send text messages without permission. 
  • Call numbers listed on the National Do Not Call Registry. 
  • Continue calling after you’ve revoked consent or opted out.
     

Statutory damages:

  • $500 per illegal call or text.
  • Up to $1,500 per call or text if the violation was willful or knowing.

How to Handle Repeated Robocalls

  1. Get on the Do Not Call List
    Register your number at donotcall.gov. This strengthens your case if businesses call you unlawfully. 
  2. Block Numbers and Use Call-Filtering Apps
    Use carrier tools (e.g., Verizon Call Filter, AT&T ActiveArmor) or apps like Hiya, Nomorobo, and RoboKiller.
  3. Document Everything
    Keep a call log with dates, times, caller ID, and notes. Save voicemails, screenshots, and texts. This evidence is key for a TCPA claim. 
  4. Send a Written Stop Request
    If you know the company, send a cease-and-desist letter or email. If calls continue afterward, each one may count as a willful violation.
     

Building a TCPA Claim

1. Document Every Call or Text

  • Keep a detailed call log with date, time, phone number, and whether it was prerecorded, a live caller, or a text. 
  • Save voicemails, screenshots, and text messages. 
  • Note any patterns (same company, repeated times of day, etc.).
     

2. Save Caller Information

  • Record the caller ID number (even if spoofed).
  • Note any company name, product, or service mentioned.
  • If you speak with an agent, get their name, employee ID, or department.
     

3. Show Lack of Consent (or Revocation of Consent)

  • Gather proof you never gave consent (e.g., no relationship with the company).
  • If you did once give permission, document when and how you revoked consent (email, letter, text, or even verbal opt-out).
  • Keep a copy of your cease-and-desist letter if you sent one.


4. Check the National Do Not Call Registry

  • Verify that your number is listed on the Do Not Call Registry (donotcall.gov).
  • If you were on the list for 31+ days and still got telemarketing calls, that’s an additional violation.
     

5. Identify the Technology Used

  • Note if the call was autodialed, prerecorded, or used a synthetic/artificial voice.
  • Save any texts that appear automated (e.g., generic content, no live response).
     

6. Track Frequency and Persistence

  • Multiple calls over a short period strengthen your case.
  • Calls made after you opted out or told them to stop are especially important—they can be counted as willful violations ($1,500 per call/text).
     

7. Preserve Phone Records

  • Request detailed phone records from your carrier showing inbound calls/texts.
  • These records help corroborate your log.
     


Why It’s Important to Bring TCPA Claims

Too often, consumers view robocalls as an annoyance to “just live with.” But every claim serves a larger purpose:

  • Protecting Privacy: The TCPA is rooted in the idea that your phone is your private domain. Enforcing it keeps telemarketers from invading your home and time. 
  • Deterring Abusive Practices: Statutory damages add up quickly. When consumers sue, companies learn that violating the law is more expensive than following it.
  • Ensuring Accountability: Without consumer enforcement, many telemarketers would keep skirting the rules with little consequence.
  • Empowering Consumers: The TCPA is one of the few federal statutes that gives ordinary people the right to sue for damages. Exercising that right strengthens consumer protections for everyone.

Final Thoughts

 Robocalls may feel like a frustrating fact of modern life, but they don’t have to be. The TCPA gives you real tools to push back—by documenting violations, asserting your rights, and seeking damages.


Every successful TCPA claim not only helps the individual consumer but also sends a message: your time, your phone, and your privacy matter. By holding violators accountable, consumers help preserve one of the strongest privacy protections in American law.

🍋 BAR BITE #1: “Lemon Law in 60 Seconds: Is Your Car a Dud or a Dealbreaker?”

 You Might Have a Lemon If:

  • Your car’s been in the shop 3+ times for the same issue
  • It's been out of service for 30+ days
  • The problem affects safety, value, or use
     

Hot Tip: Keep records! Service orders, complaints, and emails are your legal cocktail napkins—don’t toss them.


 🍸 When life gives you lemons, we file paperwork. 

🧾 BAR BITE #2: “Credit Report Looking Shady? Here’s What to Do Before You Panic.”

 Spot an error? Act fast:

  1. Dispute it in writing (never just online)
  2. Include evidence (statements, letters, receipts)
  3. Send to both the credit bureau and the furnisher
     

They have 30 days to respond—or you may have a case under the FCRA.


🍸 Bad credit reporting? We’ve got the mix to fix it.

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