Debts And Loans

debt

Debt collectors commonly use auto-dialing or pre-recorded messages when they initially contact people. However, if these calls are made to your cell phone, the collector has likely violated the Telephone Consumer Protection Act (TCPA).

Collectors seldom will personally dial numbers because of the low rate of contact. It’s much more efficient for them to have a computer dial numbers and then connect the call to the collector’s headset if someone picks up the phone. One irritating piece of this is that sometimes when you answer the call and a collector is not available to speak with you, the system can hang up on you or play a pre-recorded message. Pre-recorded message calls are very common. A computer generated voice is generally easy to tell apart from a human voice. A computer voice will say something to the effect of: “This message is only for ___” with a computer voice or different human voice inserting your name.

You need to do several things to be able to prove that the calls were made. First, save your voicemails left from the collection agency, even if they are just pre-recorded, computer generated messages. You can also pick up the phone to see if an actual person is calling, and if so, you can ask if your number was dialed with an auto-dialer. Another good idea is to take pictures of your caller ID screen when the calls are coming in. It’s important to be able to prove that you received the number of calls you’re claiming, because collection agencies are notorious for conveniently forgetting 95% of the times they call. Any documentation you can accumulate will greatly help your lawsuit, as it makes it more difficult for the collection agency to deny your claims.

The TCPA offers serious protection to consumers and the statutory damages can be quite severe. It’s possible to obtain actual damages, but most people are satisfied with statutory damages instead. The damages are $500 per call if the call is unintentional and $1500 if it was an intentional violation of the TCPA. If you persist in telling the collection agency to stop calling you and they keep on, then this becomes stronger evidence that the calls were intentional and you can receive $1500 per call.

So, when exactly does a collection agency break the law by calling your cell phone? The answer is somewhat controversial, but if you gave the original creditor (such as a credit card or car loan) your cell phone number on an application, then they technically have your permission since you provided the information. You can always revoke permission in writing (through certified mail with a return receipt) or through a phone call to the agency. Afterwards, all the agency’s auto dialed calls and pre-recorded messages will unquestionably be illegal.

Collectors are used to the Fair Debt Collection Practices Act (FDCPA) where $1000 is the most that the consumer can receive in statutory damages, which is really just slap on the wrist to the agencies in violation. However, they are always shocked to be sued under the TCPA for 100 calls and have to pay up to $1500 per call. If you are relentlessly receiving auto-dialed calls from a collection agency on your cell phone, it’s a good idea to look more into this law and contact a consumer protection attorney to stop debt collectors from wearing out your phone illegally.

John G. Watts is a well known consumer lawyer who has litigated many cases against abusive debt collectors. His firm website is at http://www.alabamaconsumer.com

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