TCPA Protection Against Robo Collection Calls!
Nov 24, 2020
Everyone hates getting collection calls. They are constant reminders of the debts you owe. It is not that you do not want to pay your debts, you just do not have the money to do so right now. Hopefully, you already know how the FDCPA laws protect you against your creditors. If not, you should read our blog, Debt Collectors - Can They Do That? Now, let us explore how the TCPA protects you against robo collection calls and what you can do to stop them.
TCPA
The Telephone Consumer Protection Act (TCPA) regulates telemarking calls, auto-dialed calls, prerecorded calls, and text messages to cell phones. It is authority behind the National Do-Not-Call Registry. In 2013, the TCPA increased its’ protection to require the telemarketers to obtain consent prior to calling or texting a cell phone for collection calls. So, are your unwanted collection calls a violation of the TCPA statute?
DEBT COLLECTION CALLS
Most creditors use an auto-dialer when they are collecting on debts. You can recognize a robocall by the short pause before the call connects. Since you were a customer, these collection calls are NOT a violation of the TCPA, because they have your prior consent to contact you. Maybe you gave consent by filling out an application, filling out an online form or providing your phone number to the creditor. Even debt collection companies are covered by the same consent that was giving to the original creditor. The debt collection calls are not a violation of the TCPA unless the calls continue after you revoke your consent.
REVOKE CONSENT
So how do you revoke consent? You can tell the creditor to no longer contact you. You can do this over the phone or in writing by registered mail. The important part is to keep good records of the date, time, and numbers you have revoked. After you have revoked your consent, the collection calls should stop. However, creditors are persistent. They know most people do not know about the laws that protect them, so they may continue to call. If you receive calls after you have revoked consent, the calls are a violation of the TCPA. Then, every violation is worth at least $500 per call and sometimes up to $1,500 per call. An experienced TCPA attorney can help you through the process.
FREE CONSULT
Revoking consent should help stop the collection calls, but it does not help eliminate the debt. At Pedersen Law Office, LLC we offer free consultation. We will discuss the different options for debt relief depending on your circumstances and goals. If you are dealing with a smaller amount of debt, a Wisconsin Section 128 could help. If you are dealing with a larger amount of debt, Bankruptcy maybe the solution. A Chapter 7 Bankruptcy can help wipe out your unsecured debts; a Chapter 13 Bankruptcy could save your home from foreclosure. Let us help you stop the collection calls and get a fresh start!
