Debt Collection Calls To Your Cell Phone?

By: Robert J. Nahoum

THE PROBLEM

For so many people these days, the cell phone is the primary means of telephonic communication.  Many people don’t even have landlines any more.  However, cell phones are different from landlines in a variety of ways the most important of which is that most cell phone plans apply per charge calls or per minute use limitations.  Because cell phones are so different from landlines, there are different rules that apply for debt collection calls made to a cell phone.

THE RULES

The Telephone Consumer Protection Act of 1991 (the “TCPA”) makes it unlawful “to make any call using an automatic telephone dialing system or an artificial or prerecorded message to any wireless telephone number†without the prior written consent of the consumer.  Prior express consent is deemed to be granted only if the wireless number was provided by the consumer to the creditor, and that such number was provided during the transaction that resulted in the debt owed.

To ensure that creditors and debt collectors call only those consumers who have consented to receive autodialed and prerecorded message calls, the creditor is responsible for demonstrating that the consumer provided prior express consent.  The creditors are in the best position to have records kept in the usual course of business showing such consent, such as purchase agreements, sales slips, and credit applications.  Should a question arise as to whether express consent was provided, the burden will be on the creditor to show it obtained the necessary prior express consent.

How Do You Know if the Debt Collector is Using a Auto-dialer?

If you receive more than 3 or 4 calls day on your mobile phone from a debt collector, the debt collector may be calling you with an auto-dialer or computer program.  If you answer a call and nobody is immediately there on the other end or if you receive voicemails from a debt collector with a prerecorded message or part of the message includes a computerized voice, you might be receiving auto-dialed robo-calls.

Each and every violation of the TCPA can result in a penalty of $500 per call, which may be increased up to $1,500 per call for willful violations.  The TCPA creates a private right of action for the victim which may be pursued in court.

WHAT YOU SHOULD DO

If a debt collector is making illegal calls to your mobile phone, you can sue under the TCPPA for statutory damages, actual damages (like pain and suffering) and the debt collection attorney may have to pay for your attorney.

If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you.

The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
[email protected]