Are you being harassed by annoying robocalls from debt collectors or telemarketers?
Unless you gave your verbal or written consent to receive autodialed calls or recorded voice messages to your cell phone – these calls are illegal!
You can easily collect $500 – $1500 for each robo call you receive from an auto-dialer. An auto-dialer is telephone system with software that automatically dials lists of telephone numbers. After answering the call there is typically a short delay; sometimes a clicking noise and then a recorded message or a connection to a live person.
The answer is, Yes!
Once you sue a company, whether it’s a Seller, a Telemarketer, a Credit Card Bill Collector or even a Student Loan Debt Collector, for calling your number, one of the first things that it does is to place a hold on your account so that no further calls are made to your number. It would be very unusual if a defendant debt collection agency continued calling because for each call there is a statutory penalty imposed of $500.00-$1500. For Telemarketer calls to cell phone numbers registered on the National Do Not Call registry the penalty is even more severe. In Michigan, robo calls to sell goods or services carry a penalty of $1500-$3000 per call. So register your all your telephone numbers with the DNC at this link: http://www.donotcall.gov/, and tell your friends and family to do the same.
Congress outlawed robocalls to your cells phone unless you have expressly agreed to receive such calls. It does not matter that you owe a debt. Congress gave consumers the legal right to tell Debt collectors not to call their cell phones with automated telephone dialing systems (ATDS).
I do not know many people who knowingly consented to companies’ robo dialing their cell phones and communicating with them through artificial voice prompts and recorded messages. Most people do not want to talk with a computer.
It’s surprising how many companies regularly break this law. This is because the prohibited telephone equipment and software is also one of the most cost-effective ways for telemarketers and debt collection agencies to robo call millions of people in a single day. So even though they are breaking the law, many companies continue to robo dial cell phones because it makes them more money.
If a debt collector or telemarketer robo dials your cell phone every day for a single month, that would be about 30 phone calls. The penalty damages imposed against the caller could range between $15,000.00 and $45,000.00. Why should the law impose such a heavy penalty for calls to a cell phone? Congress decided that certain telephone calls are “an invasion of consumer privacy and even a risk to public safety” and believed that the law should “give back to consumers the freedom to choose how their telephones are used.” Despite this law being around for 25 years, companies still violate the TCPA every day because it is profitable for them. Technology allows them to use automatic dialing systems to bombard people with annoying automated phone calls while at the same time they lay-off employees who used to manually dial these numbers. Congress provided a large financial reward to consumers who bring TCPA lawsuits to provide incentive to force businesses to comply with the law. If enough people file TCPA lawsuits, these companies will eventually start obeying this law.
Does it matter if I haven’t answered the calls?
No, there is no prerequisite that you answer the phone call. There is no obligation for you to speak with anyone at the company who is calling you. The company has broken the law from the moment its telephone equipment and systems begin to automatically dial the numbers stored in their computers. This is true regardless of whether you answer a single call. They still have to pay you the penalty. Unsolicited calls are annoying whether or not you answer them. Likewise the penalty applies even if the company is trying to reach someone else and mistakenly has inputted your number in its auto dialer.
Revoke consent if you previously gave your cell number to the caller
If a consumer provided his/her cell phone number on the credit application for the debt obligation then the law presumes that they have consented to receive robocalls from the debt collectors hired by the credit card companies. The good news is, that a consumer may always revoke consent by simply asking the caller to stop, although it would be better to write this in a letter.
For more information visit the FCC website.
If you think you are receiving robo calls, it’s a good idea to contact a consumer rights attorney, like me. I can help you figure out if you are receiving robocalls, what your rights are, and what the next steps are.
Will this cost me any money?
We would only take a case such as this on a contingency basis. That means that we would only be paid out of any money that we recover for you. So, if we don’t recover anything, then you wouldn’t owe us anything.
So if you are experiencing Collection Harassment and want more information on how to make it stop, call Rex Anderson PC for help and Stop Collection Harassment!
Call now (810) 653-3300 / (800) 4-ATTY-REX, or email to email@example.com