If you owe money to Synchrony Bank, things can get quite stressful. Synchrony Bank has been known to use collection practices that violate the Telephone Consumer Protection Act (TCPA). Read on to learn more about the TCPA and Synchrony’s practices.
What conduct is illegal under the TCPA?
According to the TCPA, companies cannot call a consumer’s cellular phone using an automatic telephone dialing system or prerecorded or artificial voice message without the consumer’s express consent. Synchrony Bank has violated this law.
Who is Synchrony Bank?
Synchrony Bank is a financial institution that offers credit cards to consumers. It was formerly known as GE Capital Retail Bank. Synchrony is the largest provider of private label credit cards in the country.
Under the TCPA, a successful plaintiff can receive monetary damages that range from $500 to $1500 per harassing call. Consumers have taken action against Synchrony to be compensated for the negative effects the bank’s calls have had on their mental and emotional health.
Synchrony Bank May Send Your Account to a Debt Collector
Back in 2011, a consumer alleged Synchrony sent an account to collections even though the consumer had resolved the account with Synchrony. The consumer sued the collection agency for unfair collection practices under the Fair Debt Collection Practices Act (FDCPA). The district court dismissed the case, however, the consumer appealed.
The Court of Appeals for the Second Circuit disagreed with the district court and vacated the decision.
The Second Circuit determined that because the plaintiff had previously paid the debt, any attempt the collector made to collect the fake debt was a violation of the FDCPA.
Repercussions of this case
The decision made in this case should serve as a warning to Synchrony and its debt collectors.
Debt collectors are not entitled to collect debts that have been previously settled and may be liable under the FDCPA if they do.
What to Do if Your TCPA or FDCPA Rights are Violated
The FDCPA protects debtors from more than just collectors who are trying to collect on a debt that is no longer owed. It also sets guidelines that prevent collectors from harassing debtors and their families and friends, threatening debtors, contacting them after receiving a cease communications letter and more. The TCPA protects consumers from autodialed or prerecorded calls to their cellular phones without the consumer’s consent.
If you think your rights may have been violated by a creditor or debt collector, it is within your rights to take legal action. You may be awarded considerable damages.
If you are located in Louisiana and you are looking for a legal team to represent you in your TCPA or FDCPA case, Samuel Ford of Alexander Shunnarah Personal Injury Attorneys can help.
Samuel Ford has years of experience in the field of consumer protection. If you owe money, you may feel like your back is against a wall, but debtors have rights. Don’t let collectors take advantage of you. Team up with SVHC and protect your rights.
Samuel Ford of SVHC offers free consultations and, if you have a claim, you may be able to recover all associated costs and attorney’s fees, meaning SVHC may be able to represent you at no cost to you! Contact Samuel Ford today!