Debt Collection Calls

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Debt Collection Calls – Be Guarded

The courthouse has seen scenarios when the creditor reaches out to the consumer with a large valued liability for making calls to the consumer’s cell phone – the calls are the debt collection calls that are mostly placed via an auto-dialler. It has to be checked if the creditor is adhering to the limits set forth by the federal laws for the usage of automated dialling machines.

Do we know when the creditor uses an auto-dialler?

  • If there is silence for a few moments when you have picked your call, then the collection agent may be using an auto-dialler
  • If you receive a pre-recorded message on calls, then it is highly probable that they are using an auto-dialler

 There are ways that the collectors have an extra edge and not follow these rules of Federal Law

–          If the debtor has granted permission to the creditor to call their cell phone (disclosed as their contact number in their original contract), then the collection agency and the creditors are protected

If the above is not the case, then the creditors and the debt collectors violate the Telephone Consumer Protection Act (TCPA) every time when they use an auto-dialler to reach out to the debtor. The penalty for this is $500 per violation and if it is wilful, it can be $1,500 per call that they make.

Guarding yourself as a Debtor from these Debt Collection Calls

The debtors who have already shared their contact numbers to the debt collector (not the creditor) and who want to stop receiving the debt collection calls can send a letter via a certified mail/return receipt to the debt collectors. The mail needs to state that – ‘I revoke any the permission that has been already granted to call me on my cell phone regarding this debt account. My contact number is _____________. Please do not contact me on this number again’.

The additional wise step is to keep track of the TCPA violations and prove them against the debt collector. So log all the calls made to you including the hang-ups (as the violation act starts as soon as the caller places it to your line). The messages sent to the debtors are also punishable violations and this can be a state-specific consumer law (depending on the state that you are currently living in). Hence save your messages and log every call received by you for the debt account.

Looking for support or do you want to onboard the debt collection lawyer for your case? Seeking the best attorney near me is probably the search criteria that you will use on the search engines for it. Contact Recovery Law Group, who have ample experience with debt collection cases in the states of California and Texas.


2019-05-09T12:27:04+00:00