Debt Collectors Not Allowed To Call Cell Phones

Debt Collectors Not Allowed To Call Cell Phones

Many people do not realize that it is actually against the law for telemarketers, debt collectors, and other companies to call you on your personal cellular phone without your permission.

A law called the Telephone Consumer Protection Act or TCPA strictly regulates the way companies can call you without your prior consent. These include regulations against prerecorded messages and auto-dialers. It particularly curtails the ability of companies to “cold-call” you, when you’ve had no interaction with that company before.

The TCPA was passed by the United States Congress in 1991 in response to consumer outrage against “robocalls”—automated phone messages from telemarketing agencies. The law was later strengthened with the creation of the National Do Not Call Registry, enforced by the United States Federal Trade Commission or FTC. This registry is intended to discourage unwanted phone contact from business. These and related legislation seek to curtail unwanted contact to consumers.

However, some companies have repeatedly violated the TCPA and the National Do Not Call Registry. One source of recourse against violators of the TCPA is through filing a class action lawsuit. Companies that violate the TCPA face fines ranging from $500 to $1,500 for each violation. Since companies that violate the TCPA often to do so with huge volumes of calls, these lawsuits can result in substantial settlements against these companies.

The number of TCPA class action lawsuits and settlements have risen in recent years. Lawsuits have been filed against many major corporations for alleged violations of the TCPA, including many major financial institutions and banks, as well as restaurants and other large businesses. These lawsuits include action against such recognizable companies as Bank of America, Chase Manhattan Bank, Wells Fargo, IHOP, Chili’s, and Outback Steakhouse.

Additionally, as technology changes, so has the application of the TCPA. Recent court rulings have agreed that the TCPA can apply to text message spam in addition to traditional phone calls. Some major companies have argued against these interpretations, claiming that their various methods of contacting customers are legitimate business interaction. However, consumers have won TCPA lawsuits, despite the fact that these lawsuits can involve large, recognizable companies.

The TCPA restricts telephone solicitations, the use of automated telephone equipment, and unsolicited advertisements. Specifically, the TCPA limits the use of automatic dialing systems, prerecorded voice messages, unsolicited text messages, and junk faxes. So, what should you do when you get a robocall or an unsolicited text message? Hang up the phone. Do not press 1 or any other numbers to get off the list. Then, contact Agruss Law Firm, LLC, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. Agruss Law Firm, LLC, will do the same for you. We will aggressively enforce the law to stop robocalls and unsolicited text message. Not only will we stop the calls and text messages, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text.

 

Comments - Debt Collectors Not Allowed To Call Cell Phones

  1. Jay M.

    Someone used my name and address and set up a cell phone with sprint. Sprint fraud dept said that they set the account up without a ss number, The account was opened up on 4/24/15.. with a 150.00 deposit according to sprint for three lines and it was shut off on may 24, 15 for non payment. They handed this off to diversified collection inc.. and some how they got my ss# and decided to link this bad account to my credit history. I have filed a police report, i have sent registered letters to the 3 credit agencies and also sent registered letters to diversified. I found this out when I recently applied for a mortgage. I am in the middle of buying a vacation home and this crashed my credit score from over 800 to 684, it has cost me about 30K over the course of a 30 year mortgage, due to the fact the interest is more. does this violates my consumer protection act of Michigan. Sprint was sued by Michigan attorney general in 2004 for violating the act. Sprint promised to follow the law and paid 1.6 million in settlement. i plan on picking up a police report in a few days, and would like to sue sprint and diversified. thank you jay

  2. Scott

    Hello, I am receiving harassing calls from that number and I want them to stop. Thanks!

  3. carole matthews

    A T an T has violated 3 times cell phone do not call order. They were informed in writing no to call but to send proof in mail. The woman who calls is VERY RUDE an has upset my husband a senior citizen on all 3 occasions. We are making an effort to pay an sent so far 2 payments on what they said we owed wben we canceled our land lines. We did not know we owed this an were not aware we had ANY sort of contract as they said they DO NOT CALL they just go ahead an renew without your ok. I think that is illegal WHAT can we do? excuse spelling wben should be when. This is not the first time this has happened either.Are we the poor unsuspecting consumer at the stranglehold of these corporate giants? Waste Mgmt and Amerigas has don’t this also. Carole Matthews ISNT IT A VIOLATION WHEN YOU NOTIFY SOMEONE IN WRITING AN THEY completely ignore you??/ excuse spelling phone number is at our store for husband whose name is Bill Matthews. It makes me mad people are allowed to get away with doing this an is an ongoing problem.

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