🥃No garnish. No fluff. Just the facts.
Looking for the clean pour on complex laws? Straight Up gives you crystal-clear breakdowns of your rights under the TCPA, FDCPA, FCRA, Lemon Law, and more. Pure knowledge, 100 proof.
🥃 Straight Up: THE Crystal-Clear Breakdown of Your RIGHTS
No legalese. No garnish. Just the facts—served neat.
In this edition of Straight Up, we’re giving you the essentials on the four consumer protection laws that pack the biggest punch behind the bar: Lemon Law, TCPA, FDCPA, and FCRA. If you own a car, get spammed by robocalls, have a credit report, or have ever dodged a shady debt collector—this is for you.
🍋 Lemon Law – When Your Ride is a Wreck
🍋 Lemon Law – When Your Ride is a Wreck
🍋 Lemon Law – When Your Ride is a Wreck
What It Does:
The Lemon Law protects consumers who’ve bought or leased a vehicle that just won’t stop breaking down. If the dealer or manufacturer can’t fix it after a reasonable number of attempts, they owe you a refund or replacement.
The Straight-Up Rules:
- Applies to new (and sometimes used) vehicles under warranty
- Must give the dealer a reasonable number of repair attempts
- Also applies if the car’s in the shop for 30+ days total
- Time limits vary by state—act fast
Your Power Move:
Document everything. Keep service receipts, complaints, texts—anything that proves the car’s more sour than sweet.
📵 TCPA – Stop the Robocalls
🍋 Lemon Law – When Your Ride is a Wreck
🍋 Lemon Law – When Your Ride is a Wreck
What It Does:
The Telephone Consumer Protection Act (TCPA) keeps telemarketers, spam texters, and robocallers in check.
The Straight-Up Rules:
- No marketing calls or texts without your express written consent
- You can revoke consent at any time (even by texting “STOP”)
- Robocalls to your cell phone? Illegal unless you agreed to it
- Violations can mean $500–$1,500 per call or text
Your Power Move:
Save the texts. Screenshot the call logs. If they didn’t have your permission, that’s more than annoying—it’s a lawsuit waiting to happen.
📞 FDCPA – Shut Down Shady Debt Collectors
What It Does:
The Fair Debt Collection Practices Act (FDCPA) protects you from harassment, lies, threats, and games from third-party debt collectors.
The Straight-Up Rules:
- No calls before 8am or after 9pm
- They can’t call your job if you tell them not to
- They can’t threaten arrest, lawsuit, or public shame
Your Power Move:
Send a written cease & desist letter and keep copies. If they violate the law after that, you’re in the driver’s seat.
🧾 FCRA – Fix That Funky Credit Report
What It Does:
The Fair Credit Reporting Act (FCRA) gives you the right to accurate, timely, and fair credit reporting—and the ability to dispute errors.
The Straight-Up Rules:
- You’re entitled to 1 free credit report per year from each bureau
- If there’s an error, you can dispute it in writing
- Agencies must investigate within 30 days
- False reporting can mean damages—and legal consequences
Your Power Move:
If they blow off your dispute or don’t fix confirmed errors, it’s time to serve justice with a side of enforcement.
Shady Debt Collectors & How to Shut Them Down
Know Your Rights
07/23/25 - Debt collectors are legally allowed to ask you for money—but they’re not allowed to harass, threaten, or lie to you. Unfortunately, some bottom-shelf collectors don’t follow the rules and hope you don’t know yours.
So pull up a stool. This round’s on us: we’re serving up the most common shady debt collection tactics—and how to stop them.
🥃 Straight Up: What the Law Says
The Fair Debt Collection Practices Act (FDCPA) protects you from debt collection abuse, deception, and unfair practices. It only applies to third-party debt collectors (not original creditors), but it has serious bite.
Violations can mean $1,000 in statutory damages, plus compensation for emotional distress, and even legal fees.
🚫 Dirty Tricks to Watch For
Here are some of the most common dirty tricks by collectors:
❌ Calling at Odd Hours - Collectors can’t call before 8 a.m. or after 9 p.m. (your local time).
❌ Harassment or Threat - Cursing, repeated calls, threats of jail or violence?
❌ Lying About Who They Are - Collectors can’t pretend to be lawyers, law enforcement, or government officials. They also can’t falsely threaten lawsuits, bank levies, or wage garnishment.
❌ Talking to Others About Your Debt - They can contact your spouse or attorney—but not your boss, your neighbor, or your ex (unless to find your contact info—and even then, only once).
❌ Trying to Collect Zombie Debt - If a debt is past the statute of limitations (varies by state), a collector can’t sue you for it. But they can try to trick you into restarting the clock with a small payment or acknowledgment.
How to Shut Them Down
Here’s how to turn off the tap when shady collectors start pouring:
🍸 1. Ask for a Debt Validation Letter - Within 5 days of contacting you, a collector must send a written notice with: the amount owed, the creditor's name, and your right to dispute the debt. You have 30 days to request validation in writing. If they can’t verify the debt? They must stop.
🍸 2. Send a Cease and Desist Letter - Want them to stop calling altogether? Send a written “cease communication” request. After that, they can only contact you once more—to confirm they’re stopping or to notify of legal action.
🍸 3. Document Everything - Keep a call log. Save voicemails, texts, and letters. Screenshots too. If things go sideways, you’ll have receipts.
🍸 4. Report Them - You can file complaints with: The Consumer Financial Protection Bureau (CFPB), Your state Attorney General’s office, and/or The Federal Trade Commission (FTC).
Re: Cease and Desist Request under the Fair Debt Collection Practices Act
To Whom It May Concern:
This letter is a formal notice pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692c(c). I am requesting that you cease all communication with me concerning any alleged debt you claim I owe.
Please be advised that under the FDCPA, once you receive this written notice, you may only contact me to (1) confirm that no further contact will be made or (2) notify me of specific legal action you intend to take. Any further attempts to contact me beyond these exceptions will constitute a violation of federal law.
This letter is not an acknowledgment of the validity of the alleged debt. If you have not yet provided written validation of the debt as required under 15 U.S.C. § 1692g, I also request that you do so before taking any further action.
Thank you for your attention to this matter.
Final Sip
Not all collectors are crooked—but the shady ones count on your silence. Knowing your rights under the FDCPA is like walking into the bar with your own bouncer.
💬 Think you’ve been harassed by a debt collector? Pull up a stool at our Ask the Bartender column and share your story—or contact a licensed attorney for personal legal advice.