STOP AUTO-DIALED DEBT COLLECTION CALL ABUSES!
For decades, debt collectors have gotten away with unfair and unscrupulous debt collection practices, but thanks to the federal Telephone Consumer Protection Act (“TCPA”) issued by the Federal Communications Commission and class action lawsuits, those abuses may come to an end. Under the TCPA, debt-collection calls to cellular telephones, made using an automatic telephone dialing systems with pre-recorded voice messages violate the law if the receiving party did not provide “prior express written consent” to receive such calls.
Lawsuits for TCPA Violations are on the Rise
Class action lawsuits alleging violations of the TCPA are on the rise as companies increasingly use technology to reduce costs and increase efficiency. The TCPA strengthens the previously issued Federal Fair Debt Collection Practices Act (“FDCPA”) and provides for statutory damages of $500 per call, if the call was “unintentional”, and $1,500 per call if the call was “intentional”. If the calls don’t stop after you inform the debt collector that it does not have written permission to call you, and you ask that they to stop calling your cellular phone, chances are very good that the calls will be considered “intentional”, and the company may have financial exposure of $1,500 per call.
Debt collection lawsuits for violations of the TCPA are a serious violation of your privacy rights and consumers now have some ammunition to fight back.
What are Auto-Dialed Debt Collection Calls?
As the name auto-dial suggests, these calls have pre-recorded messages and are automatically dialed from a computer. The purpose of the call is to collect a debt. Usually the computerized voice will sound odd or mechanical and is easy to detect. There is a simple method to determine if a debt collection call is auto-dialed. With an auto-dialed call, one will typically notice a few seconds of silence, then some clicking sounds followed by a pre-recorded or artificial voice message followed by transfer to a live person.
Common auto-dialed debt collection calls may use the following recorded messages, "Hold for the next available representative" or “If you are (then a computer voice says your name) this call is for you. If you are not ____, (the computer again says your name) this call is not for you. Please hang up.” “Please hold for the next available representative”. You should familiarize yourself with these types of calls. They are auto-dialed debt collection calls, and they are annoying, an invasion of privacy and illegal under the TCPA if made to your cellular phone.
Revoke in writing to the Collection Agency if you did give them permission to call.
Auto-dialed debt collection calls to your cell phone are only illegal if you did not give permission for the debt collector to call you. Often the debt collectors will claim that you gave the creditor permission to call your cell phone when you financed a vehicle, or opened up a loan or credit card account. Do not argue. Be clear and emphatic. Even if it is untrue and you did not give permission to call your cell phone, the best practice is for you to revoke permission by informing the debt collector over the phone that you are revoking permission to call your cell phone. Then send an email or a certified letter to the original creditor. If debt collectors continue to harass you with auto dialed calls or after you have revoked permission, the debt collector could be intentionally violating the law and facing a large lawsuit.
What You Should Do to Help
The more information you can obtain, the more it will assist us to stop the harassment. If debt collectors are auto dialing your cell phone do the following:
Save the voicemail if one is left.
- Write down the caller ID name or number, if possible.
- Get the name of the debt collection company making the calls.
- Take notes as soon as possible.
- Do not give out your bank information.
- Do not use foul language.
- Tell them they don’t have permission to call, and to stop calling.
- Don’t argue.
- If you gave them permission (For example, when you signed up for the loan), revoke your permission, preferably by certified letter.
- Call Steven L. Miller, a Professional Law Corp., toll free at 855-216-9303 and he will take you through the process.
