ARE YOU RECEIVING DEBT COLLECTION CALLS ON YOUR CELL PHONE?
Our law firm represents consumers in claims for violations of the Telephone Consumer Protection Act (TCPA). The federal law has been around since 1991 and was written to protect consumers from incurring the expense and the aggravation associated with harassing phone calls from banks, debt collectors, telemarketers and other big institutions.
While most consumers know about the “Do Not Call List”, many have not heard of the TCPA. The TCPA provides powerful remedies in situations wherein banks, debt collectors, telemarketers and other institutions begin using automatic dialers and spam text messages to contact consumers on cell phones. Consumers have the right to hire an attorney to prosecute these claims because Congress gave consumers a private cause of action under the TCPA.
TCPA Tips for Consumers:
- The TCPA protects consumers from receiving auto-dialed or pre-recorded messages on their cell phone from banks, telemarketers, debt collectors and other entities unless the consumer has provided their prior express consent to receive calls on the cell phone from those entities (it also covers text message spam);
- “Live” calls do not exclude protection under the TCPA when the calls were made by an auto-dialer;
- If you are receiving calls on your cell phone for someone else’s debt, you may very likely have a claim under the TCPA. One common situation wherein this occurs is if you or someone in your family subscribes to a new cell phone service with a new cell phone number. Banks and debt collectors for the prior subscriber might continue to call your new number in an effort to reach the old subscriber using an auto-dialer. These are good causes of action. These kinds of claims can also arise when calls from banks or debt collectors come to you when those entities are looking for a friend or family member. Debt collectors, banks and telemarketer are the most common violators of the TCPA;
- You have the right to revoke any prior consent to receiving calls if you have previously provided your cell phone to a creditor or debt collector and are receiving calls on your cell phone;
- Keep voice mails and provide them to your attorney to determine if you have claims under the TCPA or other federal laws, such as the Fair Debt Collection Practices Act (FDCPA); and
- If you are beginning to receive pre-recorded calls or calls made from an auto-dialer, you should keep a written call log for each call, including the date, time and number calling you. You can also save your cell phone statements to give to your attorney.
Damages Under the TCPA
The statutory penalty for violations of the TCPA is $500.00 to $1,500.00 per attempted call or communication. These claims can be substantial if the consumer keeps good records and pays close attention to the calls he or she is receiving on his or her cell phone.
Attorney Micah Adkins prosecutes consumer claims under the Telephone Consumer protection Act (TCPA). Call 1-800-263-9091 for a free case review.