If your rights have been violated by any of the below named collection agencies, then give us a call now.

The CBE Group, Inc.
757-990-8910
301-882-9920
609-373-1956
786-279-4776
714-364-4447
319-833-1301

Portfolio Recovery
757-864-0020 757-961-3545 757-847-4539 866-940-7640 757-321-6280
407-347-4014 757-961-3546 847-994-2540 877-275-8236 801-902-2976
443-313-1382 757-961-3547 847-994-2544 877-749-9731 800-219-6295
702-410-7497 757-961-3548 858-346-1184 877-803-0008 860-556-4408
484-489-2841 786-206-8643 859-918-0780 877-876-8723 866-925-7109
678-265-1576 800-294-7691 859-918-0782 888-218-5212 404-347-6414
404-935-6651 800-427-7142 864-268-3762 888-543-6072 702-410-7489
626-209-2244 800-473-7994 866-240-7530 918-442-0320 757-961-3544
412-282-1423 818-996-0404 866-658-7508 973-947-4806 757-519-9300
484-489-2841 847-678-9710 866-691-3568 980-939-7534 800-772-1413
407-347-6414 847-791-0193 866-887-0973 847-791-0193 702-410-7069
443-313-1381 757-321-6279 866-891-3257 800-654-8818 204-949-3108
205-423-4020 205-588-8181 212-000-4956 215-944-8989 239-642-8598
404-580-0720 404-592-5171 404-968-4848 405-329-5714 410-282-1420
416-800-9148 440-580-0720 757-321-6281 443-313-1380 484-489-2840
510-355-1780 512-519-3650 513-878-4916 518-207-3600 602-264-2270
602-286-5100 602-795-1383 604-795-1383 604-637-3300 605-782-2890
616-608-0982 620-662-1492 620-662-8870 626-209-2241 661-673-4507
678-265-1568 714-680-3192 714-992-2282 727-637-8527 731-215-8010
731-984-7690 757-321-6271 757-321-6282

RSB Equity Group 620-665-8721

Jacob Law Group, LLC 877-620-3818

JJ Marshall 586-992-3200

Blatt, Hasenmiller, Leibsker & Moore, PLLC 800-204-3128

IntelliQuote 916-673-2100

Structured settlement Company 800-790-4016 484-581-1650

VA Mortgage 573-442-6358

Custom Personalized Lawn Care
810-736-3214
248-200-7236
248-203-2146
248-223-1715

If you are being hounded by collectors who you believe are using unethical, illegal, or threatening practices, contact our office. We will help stop any unprofessional collection attempts and determine if laws have been broken or guidelines ignored. If so, the courts could penalize unscrupulous collectors by awarding you a monetary settlement. Remember, the simple fact that you are in debt does not remove your right to be treated in a fair, respectful manner. Let us help.

The Law Offices of Rex Anderson, P.C.
Phone: (810) 653-3300
url: www.rexandersonpc.com
 

160

Rating: 10 out of 10 (from 38 votes)

A  recent study by the Federal Trade Commission (http://abcnews.go.com/Business/federal-trade-commission-percent-consumers-credit-reporterrors/story?id=18464929) showed that a surprising number of people have false or misleading information in their credit report that can lower their credit score by as much as twenty-five points! Correcting errors such as these could easily result in savings of hundreds, or even thousands of dollars. This is especially true when debt collectors and debt buyers sell debt discharged in bankruptcy to secondary debt buyers.

The process of having corrections made can sometimes be confusing, time-consuming, and frustrating. Here at Rex Anderson P.C., we have extensive experience in dealing with the credit reporting agencies. Let us help you make sure that your credit report reflects a true and accurate picture of who you are. Give us a call at 810-653-3300.

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Glenn D. Smith

80

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How the law can protect you as a consumer.

If you wish to read the TCPA Regulations Michigan interview, here is the transcript:
 

Patrick: Hi Rex, how are you doing?

Rex: Fine, Patrick. How are you?

Patrick: Oh, I’m doing great.

Rex: Alright. 

Patrick: If you could just introduce yourself a little bit and tell us about what you do and what your specialty is.

Rex: Sure. My name’s Rex Anderson. I am the owner of Rex Anderson, P.C. We’re a law firm specializing in consumer protection law and specifically, we sue harassing and abusive debt collectors and more recently we’ve branched off into the area of the Telephone Consumer Protection Act, where we’re suing both debt collection agencies and telemarketers.

Patrick: And, you know, what’s this TCPA all about?

Rex: Well, the Telephone Consumer Protection Act is probably the most popular federal consumer law that’s ever been. It is a law that protects our privacy, we the people, our privacy and allows us to pick and choose how we’re going to be contacted by telemarketers and debt collectors.

Patrick: Uh, and, what violates this Telephone Consumer Protection Act?

Rex: Well, the Telephone Consumer Protection Act consists of three separate sections. The first section deals with calls to cell phones and any call that you receive on your cell phone which has been made with the use of an automated telephone dialing system would violate the act. So, Congress is specifically punishing telemarketers and debt collection agencies that are making high volume calls with the use of a robo dialer.

Patrick: Ok, so, if I get some kind of call on my cell phone,  out of the blue or someone saying, you know, you owe us a debt, um, it’s possible, maybe I don’t owe that debt, um, but they’re just harassing me, that would fall under the TCPA?

Rex: Absolutely. 

Patrick: Okay.

Rex: The other component to calls to a cell phone is that any time you receive a call to your cell phone and it uses an automated message, a prerecorded human voice message or an artificial voice message, that automatically violates the TCPA, unless you’ve given them express permission to call you on your cell phone. 

Patrick: Okay, and could you give us a couple of examples of things in recent news or things you’ve heard or cases you’ve done, where they’ve violated the consumers within the TCPA?

Rex: Sure. Probably the most recent high profile case is the case against Papa John’s. There’s a class action lawsuit against Papa John’s for sending out 500,000 unsolicited text messages

Patrick: Wow!

Rex: That’s a lot, right, and they’re asking for 250 million dollars.

Patrick: Wow, that’s a big case, huh?

Rex: These cases are very good cases to have confirmed as a class action case because the damages are statutory. In other words, if the consumer proves that there’s been a violation of the TCPA, he or she is entitled to $500 per call and up to $1,500 if the consumer proves that the debt collector or telemarketer knew and willfully and knowingly made those calls. 

Patrick: So, if I told some debt collector that was calling me on my cell phone, “Listen, stop calling me on my cell phone,” or direct them to some other way to contact me but they continue calling me on my mobile phone, that’s a violation of my rights?

Rex: Well, cases go both ways, so the best way to revoke consent, if you’ve ever given consent to be called on your cell phone, is to put that revocation in writing. Simply send out a letter that says, “I’m not sure if I ever gave you, or the original creditor, permission to call me in the fine print of whatever credit application that I filled out. If I did, I’m now revoking that consent. Please don’t call me at this cell phone number anymore,” and put the cell phone number in. Make sure you keep a copy of that letter and send it out certified and keep a copy of the green card when it comes back.

Patrick: So, if I did all of that, sent a letter to this creditor and explained to them, “Listen, don’t call me on this cell phone number,” now, what if they call my residential phone number, if I have one?

Rex: That’s a good point, Patrick. The second category of TCPA violations are considered calls to residential lines and unfortunately, there’s a loophole that the ACA basically made sure was put in the law that allows debt collection agencies to robo dial residential phones and the kicker here is that a debt collector can actually robo dial a residential phone even if the homeowner doesn’t owe the debt, they don’t have cause of action under the TCPA. But, they would have a cause of action under the Fair Debt Collection Practice Act, if they answered the phone, told the collector, “Look, you’re calling the wrong person. This is a case of mistaken identity. Stop calling me.” If the collector continued to robodial that person, then they would have a claim to file under the Fair Debt Collection Practice Act.
 

TCPA Regulations Michigan – Part Two

Here is the transcript for Part Two of this interview:
 

Patrick: Okay, so, Rex, I appreciate you filling us in on those residential lines with them calling those as well. What about… I hear a lot of people talking about the Do Not Call List. You know, they say, I’m getting these calls from people; I’m on the DNC, how come they’re still calling me? Could you give us a little input on that?

Rex: Sure. The third provision covered by the Telephone Consumer Protection Act are calls made to Do Not Call registered numbers. And that’s a very simple process. Anyone can call either the DNC Registry or simply go online. Type in ‘Do Not Call Registry’, the website pops up, it gives you three spots to put in your three numbers, up to three numbers, and they’ll send you a confirmation that you’ve registered those specific numbers on their registry.

 Patrick: Now, do those three numbers only include residential lines or can those also be mobile?

Rex: Absolutely. They can be residential and mobile.

 Patrick: Okay.

Rex: And in the case of calls to Do Not Call numbers, you don’t have to prove that the calls were made with the use of an automated telephone dialing system and there doesn’t need to be any proof of artificial or prerecorded voice messages.

Patrick: Oh. Okay.

Rex: They can be live calls by a collector or a telemarketer.

Patrick: For the DNC, if they continue to call numbers that we put on that list, which you hear people complaining about that, are the damages the same as if they’re calling with a robodialer to a cell phone, or how does that apply there?

Rex: Great question, Patrick. In the Sixth Circuit, where we reside, Michigan, Ohio, Kentucky and Tennessee, they’ve recently come down with a case, brought by a plaintiff of the name Charvat, and the case held that the two provisions under the TCPA, Sections 227B and 227C, calls to cell phones, calls to Do Not Call numbers, can be stacked, which is really a good thing for the consumer because instead of talking about a $500 call, we’re now talking up to $3,000 per call. Those damages can add up real quick if somebody’s number is stuck in a telemarketer or debt collection agency’s robodialer and the number just can’t get out!

Patrick: Right, they keep receiving the call. So in cases for consumers who are out there struggling with debt and the economy and the way it is, you know, many people have credit card debt and of course, these companies are going to want to collect on that money and they’ve gone through the steps of telling people, “Look, quit calling my cell phone number, my residential number,” and they continue to call. What’s the process that I can take personally to battle that when they call?

Rex: That’s a very good question, Patrick. You know, I guess I’d start off by saying that I think that most people feel a moral sense of obligation to pay their debts, but a lot of time to no fault of their own they find themselves in a position where they’ve either lost a job or they’ve gotten injured or sick and they’ve really found themselves behind the eight ball. Unfortunately, credit card companies and their pitbull debt collectors really don’t have a heart and soul and they’re not interested in hearing these excuses. 

They’re not interested in settling these debts for fifty cents on the dollar because it’s more profitable for them to force people into bankruptcy and write the debt off. You know, there’s so much of these debts that comprise of phantom fees. We’re talking legal fees, usurious interest rates, sometimes thirty percent; that stuff adds up, snowballs, and it’s just putting people and their families in a real bad way. 

So, to answer your question, you know, if you can’t work things out with the debt collector, or now what we know as, debt buyers, debt buyers buy credit card debt that’s been deemed uncollectable, the best bet is to find a good consumer lawyer, talk to them about it. Just because you owe a debt doesn’t mean you’re a criminal.

You’re not a criminal! You’re not somebody who is morally decrepit or defunct. You know, I mean, you’re in the same boat as a lot of people. We’ve undergone the worst financial crisis in the last five years since the Great Depression and yet, the debt collection industry, the debt buyer industry, is growing by leaps and bounds. It’s a billion dollar industry.

TCPA Regulations Michigan – Part Three

Here is Part Three and the final transcript of this interview:
 

Patrick: So, as a consumer, to protect myself from these debt collectors and debt buyers calling me all of the time, even though I’ve told them not to, what are some things I can do? Should I keep records of that? Should I voice record those calls? What are some things that we can do as a consumer to protect ourselves and possibly take that for a suit or to another consumer lawyer?

Rex: Great question. There are things that you can do. One thing is documenting the calls. Document the date, the time, the caller ID that shows up on your phone. On a lot of smartphones, you can actually take a snapshot of the information of the caller ID. I always tell folks, “Take those numbers that show up on your caller ID and Google them. Find out who’s calling you.” The problem these days is, we have a lot of scammers out there in cyberspace asking for a payment and check over the phone, a transfer from your bank. Never do it. Don’t do it because…

Patrick: It’ll suck your bank dry!

Rex: Not only that, but it may not even be a legitimate collector.

Patrick: Right.

Rex: You have these folks out there, they’re scammers. They operate in the grey area. They’re on the fringe. They don’t want to be found, so when they come to me, the first thing we have to do is find out is “Do we have a viable defendant?” Somebody with a brick and mortar building, with employees and payroll, you know, phones where they are actually calling from. So, it’s important to document what occurs in that call, what’s being said to you, try to determine whether or not it’s an actual robocall. One way to do that is, you pick up the phone and you hear some dead air and you say, “Hello? Hello? Hello?” and nobody answers, but then you hear some clicking noises and then maybe a live person comes on the phone or you hear a prerecorded message. You can be pretty sure that’s a robocall.

Patrick: Okay.

Rex: Other things you can do would be to take pictures of your caller ID, get your phone records. Get your phone records and highlight those incoming calls. As much of this work that you can do before you go and see a consumer lawyer, bring your evidence in, show the consumer attorney your phone records, your caller ID photos, you’ve got all of the calls documented out. These cases are strict liability. All I have to do is go in the court, show the phone records, show the evidence that the calls were made, prove that it was an automated dialing system, which is what just about every business is using…

Patrick: I get them all of the time!

Rex: Right.

Patrick: So as far as, so that’s good, I mean, tracking that document is obviously going to build your case, when you’re going to go sue a debt collector. What about recording a call? I know certain states have laws where you have to get permission from the other person. How does that apply to people in Michigan?

Rex: Well, in Michigan, you’re allowed to record a call. Like an incoming call that you’re a participant to the conversation. It’s a pretty well established law. It would be better to let the other side know you were recording the call, and a lot of these debt collectors don’t care anyway. They don’t believe anything you say anyway, but you can record the calls and I would say, honestly, don’t bother recording the calls unless you’ve got a really abusive, harassing debt collector. Any time a debt collector is disrespectful, undignified, tells you something that’s not true, like they are going to sue you next week…

Patrick: Threatening you…

Rex: Right. You know, implying…

Patrick: It happens.

Rex: Sure. You know, implying that you are a bad person or you’re a criminal, that there’s going to be criminal prosecution. If they start calling your neighbors, family, that’s all illegal and it’s all designed to wrench a payment from the consumer, who often times just doesn’t have the wherewithal and make the payment.

Patrick: That’s some really good information about the TCPA. Could you give us some closing thoughts on the TCPA and possibly someone who is in a pinch right now, what should they do first to start battling debt collectors?

Rex: As I mentioned earlier, this is a law that’s very popular and Congressmen, Federal Judges, have all had their dinner interrupted or been woken up by these calls that are nothing but a nuisance and it’s all in the name of commerce. Telemarketers, sellers of services, they’re looking to increase their profits and get more business but they could care less about the aggravation it causes the rest of us.

Patrick: Right, what do they care if they’re going to get their money?

Rex: Right. My best advice to you is to go out, do a little bit of internet research, Google these laws, the Telephone Consumer Protection Act and the Fair Debt Collection Practice Act, find a good consumer lawyer. Why would you think twice about not contacting a lawyer who specializes in this area? It makes no sense to try and do this on your own. I know Dave Ramsey was quoted as trying to tell his folks, "You can deal with these debt collectors on your own," and although Dave Ramsey has great advice on many, many financial topics, he’s just plain wrong on that topic. If you want to maximize your remedy, protect your rights, go get a lawyer who specializes in Fair Debt Collection Practice Act cases, as well as Telephone Consumer Protection Act cases.

Patrick: Great. Well, I thank you for your time to do this interview, Rex.

Rex: Thanks a lot, Patrick.

112

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Debt Collection Defense Michigan

How You Can Beat The Collector & Win Your Case!

Get Your Debts Cleared!

Are You Being Sued By A Debt Collector?

Being Hounded By A Collection Agency?

The Bills Piling Up?

Debt Collectors Threatening You?

In today's Michigan economy, many are "under a heavy burden" of debt – and just want to get the debt cleared in order to financially breathe again.

There is HOPE!

Because you can defend yourself against debt collectors – and WIN!

You might be asking How Do I Defend Myself? and…Where Do I Start?

By Going To Our FREE Debt Collection Defense Michigan Resource at: http://www.debtsettlementmichigan.net

There you will find:

1. Steps to a successful debt collection defense
2. Forms you can use to help you defend your debt case
3. Debt defense law & articles
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Visit Debt Collection Defense Michigan today to get started on your way to financially breathing freer.

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The Fair Debt Collection Practice Act (FDCPA)

The FDCPA is a federal consumer protection law that regulates the collection industry. It requires collection agencies to pay consumers actual and statutory damages, plus attorney fees for violations.

Debt Collectors Violate the Federal Law When They:

• Call you at work despite you or your employer’s requests to stop.
• Call you at home despite your requests to stop.
• Make abusive or harassing phone calls to you.
• Talk to others about your debt.
• Add unauthorized collection charges.
• Threaten you with criminal prosecution or reporting to Internal Revenue Service.
• Threaten you with garnishment unless they already have a judgment against you.
• Do not state the exact amount of the debt in initial demand letters.
• Insist on payment within less than 30 days of their initial demand letter.
• Bad debt buyers attempting to collect old debts they cannot substantiate.
• Tell consumers even if they file bankruptcy they still have to pay
• Tell consumers they must use unemployment checks to pay their debts
• Tell consumers their social security and pensions will be garnished

The Telephone Consumer Protection Act (TCPA)

The TCPA regulates how Debt collectors and Telemarketers may contact consumers on the phone. This law prohibits both collectors and sellers from making “robo” computer dialed calls or texts to cell phones or leaving pre-recorded or computer messages on cell phones.

The offenders must pay between $500-1500 per call when caught. The damages in these cases can add up quick. For example, in 2012, Papa John's Pizza racked up over $250 Million dollars in damages by unlawfully texting adverts to cell phones without the cell phone owner's consent.

The TCPA also prohibits telemarketing calls to numbers registered on the national "Do Not Call" (DNC) list. Under the DNC rules there is no requirement that the calls be computer generated or contain pre-recorded voice messages, but if they do, damages under two sections of the TCPA may be stacked for a potential award of up to $3000.00 per call.

HOW TO WIN YOUR CASE

Call log Example:

Call #1:
Caller ID – 888-888-8888. Called me at 1:03 pm on March 21, 2007 by this new collection agency. Caller identified herself as Ms. Green from Merchant’s Credit Guide Co. located at 223 W. Jackson Blvd., Ste. 900, Chicago, IL 60606 regarding:
 

Merchants Credit Guide file: #15-489831
Client: Palisades Collection, LLC
Client Account: #9834685

After I told her that I could not afford to pay right now, she said fine, you deadbeat loser. You are exactly the reason why our economy is in the shit. We're sending your case to the prosecutor for investigation on federal fraud charges. You will be hearing from our lawyer next week and the sheriff.

Call #2: Called me again on March 22, 2007 at 2:15 pm by Merchants Credit Guide Co. Caller (female voice) left the following message on my answering machine.

Message: This is a message for _____. If you are not ______ please hang up or disconnect. (Dictate the entire message)…
 

1. Save ALL communications you have with any debt collectors and telemarketers, whether by letter, by phone, by text message or by voice message.
    

    

   • Answer or return all calls as this ensures they show up in your phone records.
   • Find out who is calling you! Google caller ID number and use “800Notes.com”, “Callferret.com” and “Whocalledus.com” or other similar consumer blogs to find out who's calling you.
   • Request bill collectors to mail you "verification" of the original creditor, when the debt was incurred and for how much.
   • Avoid answering collector’s questions. You may say, “I cannot afford to pay you now but I’ll try to send you a payment next month.”
   • Repeat this mantra in response to every collector question
   • Let the caller do most of the talking and write down what they say.
   • Remember that the caller may be recording the call so always be polite.
   • Keep all collection letters and envelopes and anything else the collector mails you. Do not write notes on this evidence.
   • If collectors/creditors are computer dialing or leaving pre-recorded messages on your cell phone, then call our office IMMEDIATELY.
   • Don't give consent to be called on your cell phone.
   • Obtain and keep your telephone and cell phone records!
   • Take digital photos of your Caller ID, showing date and time of incoming calls
      
2. Keep a separate notebook next to your phone, and take notes of all your conversations with creditors, collectors and telemarketers. Please include the following information:
    

    

   • Date and time of call
   • Whether the caller shows as "unavailable" or the number appearing on the caller ID
   • How many minutes did call last?
   • Caller’s name
   • Collection agency or telemarketer’s name and phone number
   • What did they say (be specific).
      
3. Use the example of the format below to document the calls that you receive:
    
4. Continue to keep detailed records of all calls, texts and messages that you receive. Before you bring your documentation to Rex Anderson, P.C. for the attorney to review, if possible, please type your handwritten notes to an electronic file and email to our office.
    
5. Try to document your collection harassment in digital form as soon as you can and while the details are still fresh in your memory. BE SURE TO KEEP YOUR ORIGINAL HAND WRITTEN CALL LOG!
    
6. Photograph your Caller ID every time you receive a call from a debt collector.

Conclusion: If you are willing to work with me on documenting collection and telemarketing violations, then we can ensure that these violators comply with the law and in the process see that you, the consumer, is compensated as the law provides.

Often times, these cases are ideally suited for class actions, which provide additional compensation for the class representatives.

Call me if you have any questions.

160

Rating: 10 out of 10 (from 35 votes)

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If you have received automated (robo) calls from any of these telephone numbers listed below to your cell phone or have received artificial or pre-recorded voice messages – feel free to give my law office a call at 810-653-3300, as you may have claims under these federal consumer protection act laws.

The CBE Group, Inc. 

   757-990-8910 
   301-882-9920 
   609-373-1956 
   786-279-4776 
   714-364-4447 
   319-833-1301

Portfolio Recovery 

   757-864-0020 757-961-3545 757-847-4539 866-940-7640 757-321-6280
   407-347-4014 757-961-3546 847-994-2540 877-275-8236 801-902-2976
   443-313-1382 757-961-3547 847-994-2544 877-749-9731 800-219-6295
   702-410-7497 757-961-3548 858-346-1184 877-803-0008 860-556-4408
   484-489-2841 786-206-8643 859-918-0780 877-876-8723 866-925-7109
   678-265-1576 800-294-7691 859-918-0782 888-218-5212 404-347-6414
   404-935-6651 800-427-7142 864-268-3762 888-543-6072 702-410-7489
   626-209-2244 800-473-7994 866-240-7530 918-442-0320 757-961-3544
   412-282-1423 818-996-0404 866-658-7508 973-947-4806 757-519-9300
   484-489-2841 847-678-9710 866-691-3568 980-939-7534 800-772-1413
   407-347-6414 847-791-0193 866-887-0973 847-791-0193 702-410-7069
   443-313-1381 757-321-6279 866-891-3257 800-654-8818 204-949-3108
   205-423-4020 205-588-8181 212-000-4956 215-944-8989 239-642-8598
   404-580-0720 404-592-5171 404-968-4848 405-329-5714 410-282-1420
   416-800-9148 440-580-0720 757-321-6281 443-313-1380 484-489-2840
   510-355-1780 512-519-3650 513-878-4916 518-207-3600 602-264-2270
   602-286-5100 602-795-1383 604-795-1383 604-637-3300 605-782-2890
   616-608-0982 620-662-1492 620-662-8870 626-209-2241 661-673-4507
   678-265-1568 714-680-3192 714-992-2282 727-637-8527 731-215-8010
   731-984-7690 757-321-6271 757-321-6282

RSB Equity Group 620-665-8721     

Jacob Law Group, LLC 877-620-3818     

JJ Marshall  586-992-3200     

Blatt, Hasenmiller, Leibsker & Moore, PLLC  800-204-3128     

IntelliQuote  916-673-2100     

Structured settlement Company   800-790-4016  484-581-1650   

VA Mortgage  573-442-6358     

Custom Personalized Lawn Care
   810-736-3214 
   248-200-7236 
   248-203-2146 
   248-223-1715  

Collaborative Writing by Rex C. Anderson, Esquire and Contributing Research/Writing by Kellye S. Smith

144

Rating: 9 out of 10 (from 60 votes)

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     The TCPA is one of the most popular federal consumer laws of all time. Its purpose is to protect our right to privacy. This law allows “we the people” to choose how, when and by what means we are contacted by telemarketers and debt collectors. Even members of Congress and Federal judges get annoying telephone calls from telemarketers and debt collectors. These calls wake people up and interrupt our dinnertime. These calls are even more irksome when we realize it’s not even a human being calling us; it’s a blasted computer. So Congress acted and the federal Judges are enforcing this law. This article concerns prohibited telephone calls, not junk faxes.
     Over 20 years ago, in 1991, Congress enacted the TCPA in response to an increasing amount of complaints consumers had regarding the practices and frequency of phone calls made by telemarketers and debt collectors. Congress was concerned with balancing the privacy interests of telephone subscribers who were frequently harassed and inconvenienced by incessant calling from telemarketers and debt collectors with the interests of facilitating interstate commerce.  Congress found that unwanted automated calls were a “nuisance and an invasion of privacy, regardless of the type of call.” Banning such calls was “the only effective means of protecting telephone consumers from this nuisance and privacy invasion.” Pub. L. No. 102‐243, §§ 2(10‐13)(Dec. 20, 1991) codified at 47 U.S.C. § 227. The purpose of the TCPA is to reduce the number of nuisance calls. The following statement was made part of the congressional record back in 1991. The situation is not much different 20 years later.
     “Computer telephone calls are invading our homes and destroying our privacy. Consumers around the country are crying out for Congress to put a stop to these computerized telephone calls. Congress has a clear opportunity to protect the interests of our citizens, and we should not pass up this chance.
     Computerized telephone calls are the scourge of modern civilization. They wake us up in the morning; they interrupt our dinner at night; they force the sick and elderly out of bed; they hound us until we want to rip the telephone right out of the wall. These machines are out of control, and their use is growing by 30% every year. It is telephone terrorism, and it has got to stop”.
137 Cong. Rec. S16204 at *S16205‐ S16206, 1991 WL 229525 (Nov. 7, 1991) (Remarks of Sen. E. Hollings)
     Congress found that unwanted automated calls were a “nuisance and an invasion of privacy, regardless of the type of call.” The trend of automated calls has sky-rocketed since 1990. Technological advancements have reduced the cost of robotic dialers allowing many small businesses to afford and incorporate this equipment as part of their marketing or debt collection campaigns. Congress believed that banning such calls was “the only effective means of protecting telephone consumers from this nuisance and privacy invasion.” Pub. L. No. 102‐243, §§ 2(10‐13)(Dec. 20, 1991) codified at 47 U.S.C. § 227. In response Congress created a private right of action for consumers, on three claims, 1) calls to cell phones, 2) calls to residential lines and 3) calls to numbers registered on the “Do Not Call List” (DNC). As quirky side note, the TCPA legislation gave ultimate interpretation and rule making authority to the Federal Communication Commission (FCC), which does not provide for federal District Court review. So it is essential to review to the expanding body of FCC rulings to fully understand intricacies of the TCPA. The “Hobbs Act” a/k/a “Administrative Orders Review Act” 28 USC 2342(1); 47 USC 402(a) provides specific procedures for reviewing FCC orders which are otherwise consider final. Federal District courts cannot overturn FCC rulings.
     The TCPA allows for actual and statutory damages. Statutory damages are a penalty for non-compliance with the TCPA or, essentially, “for getting caught.” Unlike other consumer protection laws, statutory damages are generally more than actual damages in a TCPA case. Unlike other federal consumer laws such as the Fair Debt Collection Practice Act (FDCPA) and the Fair Credit Reporting Act (FCRA), the TCPA does not have an attorney fee shifting provision when the consumer wins. Nevertheless, these cases can attract competent counsel when there is a high volume of calls and multiple section violations. In certain circumstances, a single call may warrant up to $3000.00 in statutory damages. TCPA cases are also ideal for class action remedy because of the common questions of law and fact and the uniformity of statutory damages. In Michigan, there is a four-year statute of limitation on TCPA violations.

WHAT VIOLATES THE TCPA? 

Calls to Cell Phones – Section 227(b)(1)(A)(iii) 

     The TCPA makes it unlawful for any person within the United States . . . to make any call using any automatic telephone dialing system or an artificial or prerecorded voice . . .” 47 U.S.C. § 227(b)(1)(A)(iii) The TCPA defines ATDS as “equipment which has the capacity ‐ (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” 47 U.S.C § 227(a)(1).  According to the FCC, an ATDS is any telephone equipment that has the capacity to dial numbers without human intervention. This is an extremely broad standard. If the telephone equipment can potentially be configured or programmed to auto dial, then it is considered an ATDS and is regulated by the TCPA and the FCC.
      Presumably, this broad definition resulted because Congress anticipated and pre-empted loopholes by TCPA defendants, who could simply flip a switch on their phone systems and say “it never happened” to avoid liability. In both Satterfield v Simon et al and Griffith v Consumer Portfolio Recovery, the courts have followed the FCC’s broad definition of an ATDS :

      “When evaluating the issue of whether equipment is an ATDS, the statute’s clear language mandates that the focus must be on whether the equipment has the capacity “to store or produce telephone numbers to be called, using a random or sequential number generator. Accordingly, a system need not actually store, produce, or call randomly or sequentially generated telephone numbers, it need only have the capacity to do it.” Satterfield v Simon et al No. 07-16356 D.C. No. CV-06-02893-CW

     “The FCC concluded that predictive dialers are governed by the TCPA because, like earlier autodialers, they have the capacity to dial numbers “without human intervention.” In doing so, it interpreted “automatic telephone dialing system” to include equipment that utilizes lists or databases of known, nonrandom telephone numbers.” Griffith v. Consumer Portfolio Serv., Inc., 838 F.Supp.2d 723 (N.D.Ill. 2011)

     The TCPA prohibits both the use of an “Automatic Telephone Dialing System” (“ATDS”) for, 1) Automated dialing calls to cellular telephones and/or 2) leaving “Artificial or Prerecorded Voice” messages. An “artificial” voice message is a computer-generated message that sounds like a robot. A “pre-recorded” voice message, on the other hand, is a recorded human voice message that the caller uses when contacting consumers. Section 227(b) applies to all cell phones whether used for business or personal use. The TCPA also prohibits text messages to cell phones sent by an ATDS. The TCPA does not require the consumer to answer the call in order to establish a violation. Fillichio v M.R.S. Associates, Inc., Case No. 09-61629-CIV-JORDAN.
     It’s illegal every time you receive a robo call and / or an artificial or pre-recorded voice message to your cell phone. The only defense is that you previously gave the caller permission to call you. Courts have held that consumers have “consented” to calls from a debt collector if the consumer provided her cell phone number on the credit application or gave express permission to either the creditor or collector over the phone. You can revoke consent previously given to a collector or creditor by sending a certified letter asking the creditor/collector to stop calling your cell phone. 
     An automated or “robo” call is a call dialed by a computer. Computers allow debt collectors and telemarketers to make billions of calls per day. You know that you have been robo- dialed when you hear dead air while trying to answer the call, and then hear some clicking noises and then you finally hear an pre-recorded voice message or your call is transferred to a live person.
     Sometimes bill collectors will mistakenly data enter an innocent (stranger to the debt) person’s cell phone number into their automated dialer, instead of the true debtor’s number.  This frequently happens because phone companies are recycling and re-selling old cell phone numbers soon after terminating service with the cell phone number’s previous owner. In Soppet v Enhanced Recovery Co 679 F.3d 637 (7th Cir 2012), the court held that its caveat emptor when it comes to dialing the wrong numbers and even suggested that the collector seek indemnification against the original creditor (jointly liable) for its TCPA violation losses. The court specifically held, “Wrong Number” calls, where plaintiff inherited a debtor’s phone number, are actionable because such calls are not made with the “prior express consent” of the recipient. Soppet also held that the use of airtime minutes on cells phones constitutes “out of pocket” damages. Robo-dialed calls to the wrong person are GOLDEN CASES! It’s just a matter of how much the statutory damages calculate to be. These calls and damages can add up fast.
    Even if you owe a debt and are in collections, robo-calls to your cell phone are illegal unless you provided express consent to be contacted on your cell phone, either to the collector or the original creditor. Creditors and collectors who skip trace your cell number and fail to scrub it (determine whether it’s a cell number they are calling) are violating the TCPA unless you consented. Sometimes the original creditor will obtain a consumer’s cell number by skip tracing or by capturing it on its own caller ID when the debtor returns a call. The creditor may provide the skipped traced cell number with the account to the collector. In these cases, the creditor can be sued for TCPA violations right along with the collector. Banks, pay-day lenders and mortgage companies are all subject to the TCPA, to name a few.

Calls to Residential Lines – 47 U.S.C. 227(b)(1)(B).

    The TCPA prohibits “Artificial or Prerecorded Voice” messages for calls to residential line phones. This TCPA section only applies to solicitations from sellers with which the consumer does not have an “Established Business Relationship” (EBR). If the seller uses a telemarketing contractor who violates the TCPA, then both seller and telemarketer are jointly liable. If you have done business with a seller within the last eighteen months or made inquiry within the last three months, then the TCPA presumes that you have an EBR with that seller, absent evidence to the contrary. Evidence to the contrary would be a letter to the seller or telemarketer requesting that they stop calling you. 
A terrible loophole in this section of the TCPA is that calls from debt collectors to residential lines are not illegal.  And here’s the kicker; debt collection calls to residential lines are not considered illegal under the TCPA even when the collector mistakenly calls a person who does not owe the debt. A consumer’s remedy in this situation would be under the Fair Debt Collection Practice Act (FDCPA), for harassment where the collectors continue to call after the consumer has pointed out the mistake and requests them to stop.
    There is no need to prove that the caller is using an ATDS under this TCPA section. The consumer only needs to show that the call is a solicitation and that seller used an artificial or pre-recorded voice message.

Telemarketing Calls to “Do-Not-Call” … “DNC” Numbers Prohibited – 47 USC 227(c)(5)

     This section only applies to telephone solicitation calls. Anyone whose numbers are registered on the DNC list that has received two telemarketing calls within a twelve month period can sue for all calls including the first. It does not matter if calls are live, pre-recorded or robo calls.
     It is easy to register your numbers on the national DNC list. Simply Google the “Do-Not-Call Registry” and register up to three numbers on its website. You will receive email confirmation of your registration. Make sure you hold on to this, as it would be the exhibit # 1 to your federal lawsuit. You can also register your numbers with the DNC over the phone. 
     The DNC provision is a powerful section of the TCPA because it prohibits calls to both cell phone and residential lines, which are registered on the federal or company specific do-not call lists. It is not necessary to prove the telemarketer used an ATDS or used artificial or pre-recorded voice messages. Live calls to numbers registered on the DNC are prohibited.
The best part about DNC violations from the consumer perspective is that the Sixth Circuit Court of Appeals has held that damages under this section may be stacked on top of the TCPA 227(b) section covering “calls to cell phones.” This means that the consumer can get up to $3000.00 per call for violations of the cell phone prohibitions and the DNC provisions. Charvat v NMP, LLC, 656 F. 3d 440 (6th Cir. 2011).

TCPA Damages

    According to the TCPA, as codified in 47 U.S.C. § 227, an individual or entity has a private right of action to bring an action based on a violation of a subsection of the Act. (47 U.S.C. § 227(b)(3) (calls to a cell phone). An individual or entity may bring an action to enjoin such violations, for monetary loss for such violations, for $500.00 for each such violation, whichever is greater, or for both injunction and damages.  If the court finds that the defendant willfully or knowingly violated the regulations under the TCPA, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount of the statutory compensatory damages above.
    The body of case law addressing the available damages for a plaintiff suing under a TCPA private right of action reflects the general rule that where the court finds that the defendant caller has violated a subsection of the Act, it will at least award to the plaintiff $500 per violation as required by the Act.
     Furthermore, when the facts of the specific case rise to the level of showing a knowing or willful violation of the Act, the court will, in its discretion and within its jurisdiction, also award exemplary or treble damages that may be as much as three times the damages award. In determining willfulness, the court looks at whether the defendant’s actions show its knowledge of the facts that constitute the offense (knowing); at the prior interactions between the plaintiff and the defendant; and at whether the defendant attempted to stall, evade or avoid its obligations under the TCPA. 

Willful and Knowing – Treble Damages

One of the best arguments for trebling damages is the standard set forth in 47 USC § 312 F, Administrative sanctions, which is part of the same section of the United States Code that the TCPA falls under.

(f) “Willful” and “repeated” defined
For purposes of this section:
(1) The term “willful”, when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this chapter or any rule or regulation of the Commission authorized by this chapter or by a treaty ratified by the United States.
(2) The term “repeated”, when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.

    Courts may treble the damages award if the court finds that defendant's violations were committed "willfully or knowingly." 47 U.S.C. § 227(b)(3). Although neither the TCPA nor the FCC regulations define the terms "willfully or knowingly", courts have generally interpreted willfulness to imply only that an action was intentional. Smith v. Wade, 461 U.S. 30, 41 n.8 (1983). While the TCPA does not define willful, the Communications Act of 1943, of which the TCPA is a part, defines willful as "the conscious or deliberate commission or omission of such act, irrespective of any intent to violate any provision, rule or regulation." In Dubsky v. Advanced Cellular Communications, Inc., No. 2008 cv 00652, 2004 WL 503757, at * 2 (Ohio Com. Pl. Feb. 24, 2004), the court found that in the context of the TCPA, the term acting "willfully" means that "the defendant acted voluntarily, and under its own free will, regardless of whether the defendant knew that it was acting in violation of the statute.” 47 U.S.C.§ 227(b)(3).

“Importantly though, the intent for treble damages does not require any malicious or wanton conduct, but rather is satisfied by merely ‘knowing’ conduct. Alea London Ltd., 638 F.3d at. 776. The court in SENGENBERGER, held:
“the statute does not require an entity to state its telephone number at any given time during the message. The fact that Plaintiff's personal voice message recording did not record Defendant's message in its entirety is insufficient to constitute a violation …. In Dubsky v. Advanced Cellular Communications, Inc., No. 2008 cv 00652, 2004 WL 503757, at * 2 (Ohio Com. Pl. Feb. 24, 2004), the court found that in the context of the TCPA, the term acting "willfully" means that "the defendant acted voluntarily, and under its own free will, regardless of whether the defendant knew that it was acting in violation of the statute.”

Sengenberger v Credit Control Services, Inc., Case No. 09-C-2796

In summary, damages under the TCPA are:

1. $500 per violation minimum for Autodialer or prerecord violations, 227(b)(3).

2. “up to” $500 per violation for DNC violations, 227(c)(5.

3. Up to $1,500 per violation if found to be willful. You only have to show the caller intended to call your number but it’s better if the caller ignores your request to stop calling.

4. Injunction against future violations.

HOW TO DOCUMENT EVIDENCE OF TCPA VIOLATIONS

    If you think that you are getting illegal calls from telemarketers or debt collectors, call a consumer lawyer who specializes in TCPA law right away. Damages from these calls can add up quickly and sometimes exceed six figures and may be considered for class action.

1. Try to answer your phone as much as possible. This ensures the incoming call will appear on your phone bill.

2. Research who is calling you. Google the caller ID number and read what other have to say on popular websites “1 800 notes, “whocalledus” and other website bulletin boards with discussion about calls from these numbers.

3. Take digital photos of the specific caller ID, showing the date and time of call. Avoid taking photos which display your other calls.

4. Save and digitalize all voice messages to your computer.

5. Obtain and save all phone records and highlight incoming calls from debt collectors and telemarketers.

6. Transfer this information to written or electronic form so that you can see the total number and summary of the calls.

7. Keep track of the following information. 1) date of call, 2) time of call, 3) caller ID, 4) Caller’s identity, 5) Summary of conversation.

8. You can always revoke consent to receive calls on your cell phone – an example of a revocation letter follows:

Citibank Client Services
100 Citibank Dr.
San Antonio, TX 78245
Date: ______

RE: Acct# xxxx-xxxx-xxxx-xxxx

I don’t believe that I have ever given you permission to call me at my cell phone number (xxx) xxx-xxxx, but if I did, I am now revoking consent for you to call my cell phone number. Please stop calling me at this number. 
You may contact me by mail at my residence and I will respond accordingly.
Thank you for your cooperation regarding this matter.

Signed,
XXXXX
Address, city and state

    Make sure you keep a photocopy of your letter and envelope with correct addresses to and from, with the stamp on it. If your spouse is receiving calls – add that number to the above letter. All robo calls or pre-recorded voices messages to your cell phone after you revoke consent to be called are actionable.

CONCLUSION

    Many sellers, telemarketers and collection agencies ignore their responsibilities to comply with the Telephone Consumer Protection Act. They have not implemented reasonable practices and procedures to avoid violating the TCPA. It is relatively easy and inexpensive to scrub numbers against the DNC registry and cell phones lists. Instead, these businesses choose to operate in the grey areas and on the fringes of the law and treat consumer lawsuits as a cost of doing business. Most consumers cannot find lawyers to represent them on TCPA cases and so some will file pro per cases in small claim courts. These cases are inevitably removed to higher courts where corporate defense lawyers often get their clients off the hook. State district court judges who are bogged down with criminal and landlord eviction cases are generally not interested in learning about this relatively complex and technical law. Federal judges on the other hand, are much better equipped and more experienced in deciding TCPA cases. It will be as a result of costly litigation by consumer advocates that telemarketers and collectors will finally decide it is less costly to comply with the TCPA than to risk expensive lawsuits.
 

    Attorney Rex C. Anderson has been practicing law in the State of Michigan since 1992. He is the principle of Rex Anderson, P.C. in Davison, MI. Mr. Anderson practices exclusively in consumer bankruptcy, FDCPA, TCPA, FCRA, State Consumer Law, Collection Defense and Serious Injury Litigation. He is a council member of the Michigan Consumer Law Section and a member of the National Association of Consumer Bankruptcy Attorneys, the National Association of Consumer Advocates, Michigan Association for Justice and the Flint Bay City Bankruptcy Bar Association. He was lead counsel in a successful appeal to the 6th Circuit Court of Appeals involving a fraudulent mortgage. Sutter v U.S. Bank, Saxon – CA No 10-1656 and a successful appeal holding Qualified Written Requests are allowable in Bankruptcy Adversary Proceedings.  Conley v Central Mortgage Company, (08-CV-13432 ED Mich 2009). He has tried or settled multiple cases exceeding six figure consumer damage awards.
He may be reached at his office at (810) 653-3300 or by email: rex@rexandersonpc.net.

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Watch our video on Debt Collector Harassment Traverse City MI

In this down economy, finances are tight. If you owe a consumer debt and are being harassed by debt collectors in Traverse City, Michigan, then you can put the debt collector at bay using the TCPA (Telephone Consumer Protection Act).

Debt Collector Harassment Traverse City MI – Violations Of The TCPA Are Widespread!
 

The most frequent violation by debt collectors is the prohibition on usage of automated dialing systems to call cell phones without the prior consent by the consumer. Leaving artificial voice messages are also prohibited.

A Traverse City Michigan TCPA Attorney Can Help Protect Yourself From Debt Collector's Harassment.

A consumer may revoke their consent to have the creditor call a consumer's cell phone, even if it was listed on a lending application, by mailing a cease and desist letter to the creditor or debt collector by certified mail.

Following the creditors receipt of this letter, all calls made by a robo-dialer (or manually) to the consumer's cell phone are a violation of the TCPA. The TCPA statute allows recovery of $500 to $1,500 per violation/call.

How To Tell If Debt Collectors Are Harassing You in Traverse City:

1. They make calls to your work despite you or your employer's request to stop.
2. You receive calls at your home despite your request to stop.
3. The debt collector calls are abusive and destructive.
4. Your friends and neighbors are receiving calls from the debt collector.

Rex Anderson, a debt collector harassment Traverse City MI attorney, Will Help You Sue Abusive Debt Collectors!

If you feel that you have been a victim of debt collector harassment or if you have further questions call:

(810) 653-3300 Today! Or Fill Out Our "Get Help Now!" Form

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