Bar Bites

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.

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)

Keep every repair record — dates, mileage, repair orders, and descriptions of work performed.
Preserve evidence — screenshots of dashboard warnings, photos of charger ports/damage, and any emails or texts from the dealer/manufacturer.
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.
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.
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.
Check recalls/TSBs & file complaints — search NHTSA recalls and your state’s consumer protection office for related campaigns. Safety defects should be reported immediately.
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:

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

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

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

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

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

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

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

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

Show Less

How to Spot a FDCPA Letter Violation

Understanding Letter Violations

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

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

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

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

If you believe a letter violates the FDCPA:

Keep the envelope and all pages of the correspondence.
Note the dates of receipt and any follow-up communications.
Do not call the collector directly without first consulting a consumer protection attorney.
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

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

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.

Show Less

What Is the Automatic Stay?

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.

Show Less

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.

Show Less

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

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.

Show Less

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

Get on the Do Not Call List
Register your number at donotcall.gov. This strengthens your case if businesses call you unlawfully.
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.
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.
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:

Dispute it in writing (never just online)
Include evidence (statements, letters, receipts)
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.

🍽️ Quick tips, snackable insights, zero calories

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

What to Do When the Battery Keeps Failing

Why EV problems are different

Top causes of EV charging problems (grouped)

Common symptoms / dashboard messages and likely causes

Quick troubleshooting steps

Common EV warning signs that point to a lemon

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

When it suggests a serious defect / legal claim

Safety note

7 steps to protect your rights (do these now)

What remedies might be available?

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

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

EV LEMON CHECKLIST

Owner & Vehicle

Quick preservation steps (do these now)

What to collect (evidence checklist)

BMS / Telematics & Data request checklist

Range Test Procedure

What remedies to ask for

BATTERY TEST LOG

Notes on interpreting results

Signature & date

When to Call an Attorney

Top 10 Most Common fdcpa violations

...and What Consumers Can Do

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.

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.

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

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

5️⃣ Making False Threats

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

6️⃣ Misrepresenting the Amount or Status of a Debt

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

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

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

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

🔟 Adding Unauthorized Fees or Interest

9️⃣ Failing to Provide Written Verification of the Debt

9️⃣ Failing to Provide Written Verification of the Debt

⚖️ 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

🧭 Bottom Line

9️⃣ Failing to Provide Written Verification of the Debt

⚖️ What to Do If a Collector Breaks the Law

How to Spot a FDCPA Letter Violation

Understanding Letter Violations

The Basics: What the FDCPA Requires

The Basics: What the FDCPA Requires

The Basics: What the FDCPA Requires

The Basics: What the FDCPA Requires

The Basics: What the FDCPA Requires

Deceptive or Misleading Language

The Basics: What the FDCPA Requires

Failure to Properly Identify the Collector

Failure to Properly Identify the Collector

Failure to Properly Identify the Collector

Failure to Properly Identify the Collector

Overshadowing Your 30-Day Dispute Right

Failure to Properly Identify the Collector

Overshadowing Your 30-Day Dispute Right