Bankruptcy Discharge and FDCPA and TCPA Violations

Creditor Harassment is a real and serious issue for thousands of financially burdened debtors around the country. While debt collection is legal, harassment by collection agencies and creditors is not. Debt collectors are notorious for harassing debtors, violating the Bankruptcy Stay and attempting to collect debts already discharged in Bankruptcy. Several laws have been enacted that are specifically aimed at curbing illegal collection practices and safe guarding the interest of debtors including but not limited to Bankruptcy laws, Fair Debt Collection Practices Act (FDCPA), and Federal Telephone Consumer Protection Act (TCPA). Under these laws:
1. A debt collector (a third party collecting a debt on behalf of the original creditor or a debt buyer who bought a debt in default) may not attempt in any way (via letter, phone calls, emails, etc) to:
a. Collect a debt listed in your Bankruptcy petition after you have filed for Bankruptcy, or
b. Collect a debt discharged in your Bankruptcy
2. A creditor or debt collector may not:
a. Call your cell phone after receiving Notice of Bankruptcy using an automated dialing system. Most debt collectors and creditors use an automated dialing system to place calls.
b. Call a residential line after receiving a Notice of Bankruptcy using an artificial or prerecorded voice to deliver a message.
Bankruptcy filers are frequently the victims of abusive collection practices and commonly have a claim under FDCPA, TCPA and/or Bankruptcy laws against the creditor or debt collector. Favorable resolution of these claims strongly dependent upon Bankruptcy filers: (1) retaining all written communication received from creditors after the Bankruptcy filing; (2) keeping track of any and all phone calls received from the Creditor after the Bankruptcy filing; (3) saving all voice-mails received from a debt collector or creditor after the Bankruptcy filing. Creditors and Debt Collectors in violation of the FDCPA, TCPA and Bankruptcy laws may be liable for:

1) Statutory damages up to $1,000 PLUS attorneys’ fees under the FDCPA
2) $500 per violation under the TCPA
3) Actual damages and attorneys’ fees under Bankruptcy code.
If you feel that you are a victim of the above described practices, please contact me at (317) 721-9214 for a free consultation.


Republicans, Conservatives and unregulated free market types often say that bringing big corporations to town with tax breaks and incentives creates jobs. Years ago Wichita, Kansas fell into that trap and lured Boeing to Wichita with tax breaks good bond deals.

In 2011 Kansas politicians helped steer a multi-billion defense contract to Boeing, a contract that Boeing promised would bring 5,000 more jobs to Wichita. Instead Boeing, which received another $4,000,000 in municipal bond funding and tax breaks, moved the jobs to areas with “lower labor” costs.

Further Boeing is going to shut down its Wichita operation and lay off an additional 2,100 workers. Giving more tax breaks and public contracts to big business does not help the economic recovery of the average American, instead it drives wages down and makes the rich richer.

Saaed and Little, LLP is an Indianapolis based law firm committed to working for social justice and a dignified life for all who are willing to work.


“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

U.S. CONST. amend. I

Historically, the state of Indiana has not been known for its liberal application of First Amendment law, but last Friday’s pronouncement from the State Police is perhaps an all- time low. The State Police have announced, in anticipation of the upcoming legislative session, that no more than three thousand (3,000) people can be inside the state capitol at the same time. That 3,000 figure includes the 1,700 lobbyists, employees and legislature representatives who work in the building on a daily basis. However this “limit” does not apply to Christian groups assembling at the capitol for a day of prayer.

By simply showing a printout of the email inviting them to a day of prayer, Christians will be able to bypass security and the 3,000-person cap. The intent of these new regulations is clear, “This is suppression of workers’ speech,” said Rep. Win Moses, D-Fort Wayne. “It’s a deliberate attempt to hide what they want to do, which is to destroy unions and reduce wages for working people. It’s arrogance – it’s almost beyond belief.”

I agree with Rep. Moses. It is probably too late for Indiana, but for those of you around the country, if there was ever a time to fight, it is now. I refuse to watch the vanquishing of First Amendment Rights without a fight. In 1777, the American Army froze at Valley Forge to guarantee all of us the right to speak our minds, challenge the establishment, and peaceably assemble with other like-minded folks, without the fear of arrest. Do not sit by as these rights are repealed one-by-one by unregulated big business.