Collectors Calling Your Cell Phone: What Laws Are They Breaking?

Debt collectors are known to use aggressive tactics to retrieve money, but there are laws in place to protect consumers from harassment. The Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) are federal laws that outline the rules for cell phone calls and texts. These laws prohibit debt collectors from using autodialers, calling at unusual times or places, or causing a debtor to incur charges by hiding the true purpose of the call. If a collector is found to be violating these laws, they may be liable for $500 to $1500 per call.

Collectors must pay damages of $500 per call, $1,500 if willful

The Telephone Consumer Protection Act (TCPA) prohibits companies, including debt collectors, from calling your cell phone with an autodialer. If you did not give them express consent to call your cell phone, each call they make is a violation of the TCPA and can result in a penalty of $500 per call. If the violation is willful, the TCPA provides for triple the normal damages, bringing the penalty to $1,500 per call.

To stop debt collectors from calling your cell phone, you can revoke any consent you may have given them to call your cell phone number. It is best to do this in writing, with a letter sent via certified mail, so that you can easily prove that you sent the letter and that it was received. You should include your cell phone number in the letter so that there is no mistake about which number you are revoking consent for them to call.

If the debt collector continues to call your cell phone after you have revoked consent, you can answer or ignore the calls, but you should keep a written record of the calls. Then, you can contact a consumer lawyer familiar with the TCPA, who can help you to claim damages of $500 per call, or $1,500 per call if the violation is willful.

It is important to note that the TCPA only applies to calls made with an autodialer. Additionally, there may be exceptions to this law if you gave the debt collector consent to call you more frequently, or if you provided your cell phone number on a credit application, for example.

Collectors cannot call before 8 a.m. or after 9 p.m

The FDCPA also prohibits debt collectors from harassing you. This means that if a debt collector contacts you repeatedly, multiple times a day, or with the intention to annoy, abuse, or harass you, they are likely violating the FDCPA.

If a debt collector is harassing you, you can contact a consumer financial protection attorney to make it stop. It doesn't matter if you owe the debt, you are still protected from harassment. You can also submit a complaint with the Consumer Financial Protection Bureau (CFPB).

Additionally, you can stop all communications from a debt collector by sending a written request, commonly called a "cease and desist letter". If you send this letter, the collector must stop contacting you, except to inform you that they are ending communications or that they may take legal action to collect the debt. However, note that telling a debt collector to stop contacting you may not always be a good idea.

Collectors must follow instructions about when and where not to call

Debt collectors are generally prohibited from contacting you before 8 a.m. or after 9 p.m. If you do not want to receive calls from a debt collector at a particular time or place, such as on weekends or at work, you should inform the debt collector. If they are aware that you do not want to receive personal calls at work, for example, they are not allowed to contact you there.

You have the right to ask a debt collector to stop contacting you. You can revoke consent to be called on your cell phone at any time. If the company continues to call, they may be liable to pay $500 per call, and up to $1,500 per call if they ignore the lack of consent or violate the time and place restrictions.

Collectors cannot use an autodialer

The TCPA states that companies, including debt collectors and creditors, cannot call your cell phone with an autodialer. There are two exceptions to this rule: the calls must be from an autodialer, and you must not have given them express consent. Express consent is given when a consumer lists their cell phone number on an account application or updates their contact information to include their cell phone number. Verbal consent for robocalls is also considered express consent.

If a debt collector is using an autodialer to call your cell phone, they may be violating both the TCPA and the Fair Debt Collection Practices Act (FDCPA). If you are receiving debt collection calls that are not for your debt, you may be entitled to damages under both the TCPA and FDCPA.

If a debt collector makes impermissible robocalls to a consumer, the TCPA provides for damages of $500 per call. A consumer can also request damages of up to $1,500 per call if they can prove the calls were "willful."

To avoid FDCPA violations, call centers that use autodialer software can put themselves in a better position to adhere to the FDCPA requirements. Autodialer software won't continue to call the same person repeatedly, and it will only call the numbers that have been loaded into the system. Additionally, autodialer software can help keep notes about any particular client during and following a call, which can be useful for reporting back to the powers that be.

Collectors must send a validation notice within 5 days of initial contact

Under the Fair Debt Collection Practices Act (FDCPA), collectors are required to send a validation notice within 5 days of their first contact with you. This is to ensure that you are provided with certain information about your debt, including the amount owed, the name of the creditor, and your rights as a debtor. This validation notice can be sent by mail or electronically, and it is important to remember that you have 30 days to dispute the debt in writing after receiving this notice.

The FDCPA is a federal law that limits what debt collectors can and cannot do when attempting to collect debts from consumers. It aims to protect debtors from harassing phone calls and communications by prohibiting debt collectors from making certain types of communications. For example, debt collectors are not allowed to call you before 8 am or after 9 pm, and they must follow your instructions on when and where you prefer not to be contacted. Additionally, they are prohibited from using abusive, unfair, or deceptive practices when collecting debts.

If you believe that a debt collector has violated the FDCPA by calling your cell phone, you can take several steps to address the issue. You can inform the debt collector that it is not a convenient time or place to receive their calls, especially if you are in a place where it is inconvenient or prohibited to receive collection calls, such as at work. You can also inform them if you are incurring usage charges for their calls, as debt collectors are prohibited from causing you to incur charges by concealing the true purpose of the call.

If the debt collector continues to call your cell phone despite your requests, you may have grounds to sue the collector in court for damages. However, it is essential to seek legal advice from an attorney who can analyze your specific situation and advise you on your rights and options under the law.

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