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The Telephone Consumer Protection Act of 1991: When Debt Collectors Abuse Your Cell Phone
You may have heard the term robo-calling or robo-dialing where debt collectors repeatedly dial your cell phone using automated equipment. The problem with this besides the obvious nuisance is that you could be charged for all those calls. According to Lester Law, The law says in a nutshell that companies including debt collectors and your creditors can’t call your cell with an autodialer and if they do they can be fined $500- $1500 .. And that’s for each call! The calls dont even have to be harassing in nature. Any calls to your cell by autodialers and without your permission are illegal. You can tell if its an autodialing software normally if there is a delay or after you pick up you are placed in a queue for a rep to service you. That's a pretty good indicator that you've been autodialed. In regards to the specific protection of the TCPA, you must have NOT given the company permission to call your cell. Listing the cell phone number on your credit application IS giving them permission, but if they've uncovered your cell number by other means (skiptracing) then there was no permission given. The TCPA is different from the FDCPA in that the company doesn't have to violate any obvious laws like they may do under the FDCPA (Fair Debt Collection Practices Act). Simply calling you on the cell without your permission using the autodialers and or leaving repeated messages can be stopped. How to take action against a debt collector that violates the TCPAIf you're being harassed on your cell phone in this situation, be sure to save your cell phone records and any messages left to prove it. If you decide to take action, there are many attorneys who specialize in consumer law that can represent you. You can locate a consumer attorney in your area here. The Mobile Information Call Act (MICA) which was introduced recently, looks to allow debt collectors and companies to bother you more "loosely" on your cell phone. If the law passes congress, the bill will give companies a little more wiggle room to reach you while you are the one paying for the minutes on your plan that they are eating up. Still, the companies will have to have your permission to call you on your cell phone but most people will opt in without even realizing it. Update: November 22, 2011 a District Court has ruled that debt collectors are exempt from the TCPA. According to ARM, an accounts receivable management firm involved, the court held that opinion in favor of the debt collection industry. On November 22, 2011, the U.S. District Court for the District of Maryland granted summary judgment in favor of Defendant Accounts Receivable Management, Inc. (ARM) on a non-debtor’s claim that ARM repeatedly contacted him to collect the debt of another in violation of the federal Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA). Significantly, this is the first known decision from a federal court within the Fourth Circuit to hold that debt collection calls – including those to a non-debtor – are exempt from the TCPA’s prohibition on prerecorded messages. A copy of the eleven page decision can be read here. It will be interesting to see if there is any room for appeal. Clearly, the judge in this case felt the collection agency violated no laws in contacting the debtor (or relatives) in the manner in which they did including violations under the FDCPA and the TCPA. Related debt collection resources
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Are
debt collectors blowing up your cell phone with repeated calls?
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