Is it lawful for a debt collector to call a cell phone? They aren’t in a lot of cases. Debt collectors will still phone you since they know you won’t do anything about it.
You may, however, block these calls from reaching your cell phone. If the collector does not stop the calls, he or she must pay damages of $500.00 per call, or $1,500 per call if the calls are willful.
The Telephone Consumer Protection Act (TCPA) was passed by Congress to regulate telemarketing. It does, however, apply to debt collection calls. Essentially, the TCPA prohibits companies, including debt collectors, from using an autodialer to contact you on your cell phone. Don’t worry if you don’t know what an autodialer is. Just keep in mind that almost all collection calls these days are done by an autodialer. Before the call connects, there is normally a brief wait.
These calls are only lawful if you have given the debt collector authorization to call your cell phone. You may have included your mobile phone number on your credit application, or the company may have captured your phone information when you called them on your phone.
So, all you have to do to stop these calls is revoke your consent to be called on your cell phone. It’s better to do this in writing, in the form of a certified letter. You’ll be able to quickly show that you delivered the letter and that it was received this way. You can also revoke consent orally over the phone in many parts of the country, although this is considerably more difficult to show.
So get that letter out there. Simply state that you are rescinding your permission to call your cell phone. Include your cell phone number so that it is clear which number you are canceling consent to call. Even if you don’t believe you gave your approval in the first place, go ahead and do it.
The phone calls may come to an end. If that’s the case, the issue is resolved. Keep a written record of the calls if you don’t have a phone. You have the option of answering or ignoring the calls. Then speak with a consumer attorney who is knowledgeable with the TCPA. Each call is worth $500 in damages, or $1,500 if the call was made intentionally. A client recently sent us a letter withdrawing approval. The corporation responded with a letter indicating that it was not required to comply with the request. They were mistaken. Our customer received a check in the amount of $10,000. This same client came to us with the expectation of having to pay us to settle the debt. Rather, we gave him a check.
This method will give you piece of mind because your phone will not ring all day. Many people are required to have their phones on while at work, especially if they have children in daycare. You may stop your phone from ringing repeatedly at work or vibrating its way across your desk by cancelling consent to call your cell number. If the calls don’t cease, you’ll have leverage to settle any past-due bills and/or substantial damages. After a lawsuit, the calls should surely stop.
How many times a day can a debt collector call your cell phone?
What is the maximum number of times debt collectors can contact you without breaking the Fair Debt Collection Practices Act (“FDCPA”)? The number of times a debt collector can call is determined by at least fourteen elements that seem to show whether the debt collector intends to harass, annoy, or abuse the person phoned by phoning repeatedly. The number of times a debt collector can call is also determined by the time period in question. Were the calls made over a period of weeks, months, or perhaps years? Or did the debt collector contact you several times in one day? This article explores the outcomes of call frequency cases that occurred over short and long periods of time, describes many of the examples, and depicts the outcomes in fourteen graphs for comparative reasons. This article also discusses situations in which debt collectors allegedly called individuals anywhere from twice a day to twelve times in one day. Donald E. Petersen, a Florida FDCPA lawyer, looked at over 200 opinions issued by federal trial courts around the country between 1981 and 2017 and found at least fourteen factors that influence the outcome of FDCPA call frequency cases. Mr. Petersen concluded that the results are sometimes predictable if one carefully examines the facts of each case besides the total number of calls and the associated time period after analyzing and comparing the facts and outcomes in over 150 FDCPA call frequency cases that indicated the number of calls and the duration of the calls. However, based only on the total number of phone calls and the duration of the calls, the call frequency scenarios are extremely difficult to reconcile. This page offers fourteen graphs to help readers visualize case outcomes based on some of the information (usually, the number of calls and call duration) and discover any similarities in the courts’ judgements. Two of the graphs compare the amounts of monetary compensation awarded to plaintiffs who seek FDCPA call frequency claims with their recovery for any TCPA claims that are connected.
This article covers four major topics: When a “Wrong Person” (a person who is not the alleged consumer borrower) sues a debt collector under the FDCPA for calling too frequently about a stranger’s debt, (1) how many calls does it usually take for a person’s FDCPA call frequency lawsuit to proceed to trial; (2) when can a “Wrong Person” sue a debt collector for violating the FDCPA by calling too frequently while attempting to collect a debt from a spouse, relative Consumers’ call frequency claims are discussed, including “call pattern” cases based on the number of calls received in a single day and examples where the debt collector contacted back after the customer ended their conversation by hanging up.
This article finishes by analyzing and comparing the details of cases where the court awarded damages to the consumer after the defendant defaulted or after the customer won at trial, in order to determine the worth of FDCPA call frequency claims.
The statutory damages received by successful consumers for FDCPA call frequency claims are compared to the statutory damages obtained by some of these consumer plaintiffs against debt collectors who violated the Telephone Consumer Protection Act (“TCPA”) by robo-dialing the consumer’s cell phone.
(The FDCPA caps statutory damages at $1,000 per case; the TCPA requires statutory damages of at least $ 500 per call and up to $ 1,500 per call if the crimes were willful.)
Can a debt collector leave a message on my cell phone?
Debt collectors are likely to contact you if you have unpaid invoices. However, in this day and age of voicemail, debt collectors are more likely to receive your voicemail than a live person. As part of the FDCPA, there are laws in place to safeguard creditors.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from disclosing your personal information to a third party. Debt collectors are not permitted to leave a message if your voicemail is shared with your family or roommates, or if it is monitored by your job. Only private voicemail can be used to leave messages.
How do debt collectors get my cell phone number?
Contact the proper authority if you believe the debt collector you’re dealing with isn’t honoring your rights.
If you want to file a complaint about a collection agency’s debt collection activities after your creditor sold your debt to them.
Can you tell a debt collector to stop calling?
The Consumer Financial Protection Bureau (CFPB) has created sample letters that you can use to respond to a debt collector who is attempting to collect a debt. The letters come with instructions on how to utilize them. The sample letters may assist you in obtaining information, establishing boundaries or ceasing further communication, or defending some of your rights. Keep a copy of your letter for your records at all times.
After receiving your letter, a debt collector may not approach you again unless:
- Advise you that it or the creditor may pursue other particular legal actions against you, such as filing a lawsuit.
You have the option of telling the debt collector that you do not feel the debt is yours. If you have proof that the debt isn’t yours, you may want to provide copies of that evidence with the letter.
It’s always a good idea to send the letter certified mail with a return receipt so you can verify that it was received (keep this in your records, too). You can also send the letter via fax; just make a copy of the fax receipt.
A debt collector that uses unfair, dishonest, or abusive tactics to collect debt from you is breaking the law.
Debt collectors should not be ignored. Ignoring or ignoring a debt collector will almost certainly result in the collector contacting you or attempting to collect the debt. You should inform the debt collector if you believe you do not owe the bill or that the debt is not yours. Even though the debt is yours, you have the right to refuse to speak with the debt collector and to urge them to stop calling. However, telling a debt collector to stop contacting you would not prevent the debt collector or creditor from seeking payment from you through other legal means if you owe the bill. They can, for example, initiate a lawsuit against you or report bad information to a credit bureau.
The debt collector may be breaking the law if it continues to contact you after obtaining a formal request to stop, or if it harasses or abuses you.
If you’re encountering problems with debt collection, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) online or by calling (855) 411-CFPB (2372).
How long can debt collectors call you?
A statute of limitations is a legislation that specifies the time period during which a creditor or collector may sue debtors to collect debts in each jurisdiction. They usually endure between four and six years after the last payment on the obligation was made in most jurisdictions. This means that if you’ve made a payment in the recent four to six years, you may be able to collect on a debt that’s older than that.
Once a debt has passed the statute of limitations in several areas, a collection agency is prohibited from attempting to collect at all. They can’t sue you in other states, but they can still try to collect the debt through phone calls and written demands.
Some debt buyers—companies that buy and try to collect extremely old debts—continue to pursue borrowers and may even go to court. They may have broken the Fair Debt Collection Practices Act if they do this knowing the debt is past the statute of limitations. They also know that most borrowers who are sued for previous debts will fail to appear in court, resulting in a default judgment from the judge.
When can debt collectors call you?
The FDCPA protects you against credit card debt, auto loans, medical bills, school loans, mortgages, and other household expenses. Business debts, on the other hand, are not.
No. Unless you consent, debt collectors cannot contact you before 8 a.m. or after 9 p.m. If you inform them you’re not authorized to receive calls at work, they won’t be able to contact you.
To collect a debt, debt collectors can phone you, send you letters, emails, or text messages.
Send a letter to the collection agency, requesting that it stop contacting you. You should keep a copy for yourself. Consider mailing the letter certified mail and paying for a return receipt “I have a return receipt.” That way, you’ll have proof that the collector received it. After receiving your letter, the collection agency can only contact you to confirm that it will stop contacting you in the future or to inform you that it intends to pursue a specific action, such as filing a lawsuit. Tell the collector whether you’re represented by an attorney. Unless your attorney fails to respond to the collector’s communications within a reasonable period, the collector must speak with your attorney, not you.
Even if you don’t believe you owe the debt or can’t pay it right away, talk to the collector at least once. That way, you’ll be able to learn more about the debt and confirm that it’s yours. If you want to avoid debt collection scams, don’t give out any personal or financial information, especially if you don’t know the collector.
Debt collectors are normally prohibited from discussing your debt with anyone other than you or your spouse. If you have informed the debt collector that you are represented by an attorney, the debt collector must contact the attorney. A collector can contact other persons to find out your address, home phone number, and place of employment, but they can’t contact you more than once or inform you that you owe money.
You must be given by a collector “During the collector’s initial phone call with you, or within five days of first contacting you, the collector must provide you with “validation information” about the debt. The collector is required to provide you with four pieces of information.
Send a note to the debt collector requesting verification of the debt if you don’t recognize it. If you don’t recognize a debt or don’t believe it’s yours after receiving the validation information, write the debt collector a dispute letter stating that you don’t owe some or all of the money and requesting verification of the bill. Make sure the disagreement letter is sent within 30 days. Once the collection agency receives the letter, it must cease collection efforts until you receive documented confirmation of the debt, such as a copy of the original bill for the amount you owe. Consider sending your letter certified mail with a return receipt to prove that it was received by the collector. For your records, keep a copy of the letter.
- They can’t tell you you’ll be arrested or threaten you with legal action if it’s not true.
- Unless the original contract or a law specifies they can, they can’t try to collect interest, fees, or other charges on top of the amount you owe.
- You can’t divulge your debts to the public in any way, including sending postcards or writing information on envelopes.
Yes. If a debt collector is attempting to collect more than one debt from you, any payment you make must be applied to the debt you pick. A payment cannot be applied to a debt that you claim you do not owe.
If you’ve been served with a debt collection lawsuit, you’ll need to answer by the deadline given in the court papers. You have the option of responding directly or through your attorney. Your rights will be protected as a result of this. Don’t dismiss the legal action. Read What to Do If a Debt Collector Sues You for more information.
Yes, but the collector must first sue you in order to obtain a court order allowing it to deduct money from your wages to settle your obligations. A collector can also obtain a court order to garnish your bank account. If you ignore a lawsuit, you may lose your right to challenge a court order.
If you owe money to a creditor, the creditor or the debt collector it engages may seek a court order to remove money from your bank account to satisfy the bill. A garnishment is the legal term for a court order.
Except to pay delinquent taxes, alimony, child support, or student loans, many government benefits are normally free from garnishment. The laws governing which state benefits can be garnished vary by state.
Except to pay delinquent taxes, alimony, child support, or student loans, the following federal benefits are normally free from garnishment:
Can a debt collector say they are a debt collector in a voicemail?
Debt collectors may be abrasive, but they must adhere to certain guidelines. You should notify the authorities if a debt collector is harassing you in any way. Although they are legally permitted to leave you a voicemail, they must do it on a private mobile phone where they are certain it will not be overheard by others. Do not tolerate debt collectors who break the Fair Debt Collection Practices Act (FDCPA). Always keep a copy of your voicemail messages and any other evidence that could be used in court.
Do collection agencies have to identify themselves?
Debt collectors are required by the FDCPA to identify themselves when attempting to collect a debt, as well as to tell you that any information you provide will be utilized to attempt to collect the debt. They must also provide you with the name of their firm or agency. Legitimate debt collectors should be able to provide you with a physical address as well as contact information.
If you have a debt collector’s name and identifying information but are still dubious, you may be able to learn more about them by contacting your state’s attorney general or consumer affairs agency.
What debt collectors Cannot do?
You cannot be harassed or abused by debt collectors. They are not allowed to swear, threaten you or your property with illegal harm, threaten you with illegal activities, or falsely threaten you with actions they do not intend to take. They also can’t phone you repeatedly in a short amount of time to annoy or harass you.
Debt collectors are not allowed to make false or misleading claims. They can’t, for example, lie about the debt they’re trying to collect or the fact that they’re trying to collect it, and they can’t use phrases or symbols in their communications to you that make them appear to be from an attorney, court, or government agency.
Debt collectors are not permitted to contact you at inconvenient or odd times or locations. They may call between the hours of 8 a.m. and 9 p.m., but you may request that they call at a different time if those hours are difficult for you.
Debt collectors are permitted to send you notices or letters, but the envelopes must not contain information about your debt or any information meant to embarrass you.
You can ask a debt collector to only contact you by mail or through your attorney, or you can put other restrictions in place. Make sure your request is in writing, that it is sent certified mail with a return receipt, and that you preserve a copy of the letter and receipt. You also have the right to request that a debt collector cease all communication with you. If you do this, the debt collector can only contact you to affirm that it will stop contacting you and to warn you that it may file a lawsuit or take other legal action against you. Remember that even if you urge a debt collector to cease contacting you, the debt collector may still sue you and disclose your debt to credit reporting agencies, damaging your credit.
See Debt Collector Contacting Your Employer or Other People for information on when a debt collector can contact your employer or other people.
Do bill collectors know when you are on your phone?
Due to the nomadic nature of cellphones, when a collector calls you on your cellphone, the collector has no idea where you are. If you’re at a location where receiving collection calls is inconvenient, the collector has broken the FDCPA. It could be a violation of the FDCPA if the collector contacts your cell phone while you’re at work. Other locations and times may also be inconvenient. A collector who contacts your cell phone while you’re at a funeral or teaching a college class may be breaking the Fair Debt Collection Practices Act (FDCPA).
A diligent debt collector can mitigate some of the danger by instantly identifying who is calling and asking if it is convenient to speak with them.
How do creditors find your address?
Details from your credit application. The information on your credit application is given to the collection agency by the original creditor. If you’ve relocated, someone on the application (job, bank, credit references, or nearest living relative) may be aware of your new address.
Relatives, friends, coworkers, and neighbors are just a few examples. Collection agents frequently impersonate friends or relatives while calling relatives, friends, employers, or neighbors. These types of calls, however, are prohibited by federal law. (See Illegal Debt Collection Practices for additional information on what collectors can and cannot do.)
Telephone directories. Names, locations, and phone numbers can be found in printed or online phone directories. If a collection agency knows your phone number, it may be able to use a reverse directory to locate your address. Instead of listing phone numbers alphabetically, a reverse directory lists them numerically.
Postal service. The agency may look for a forwarding address at the post office. The US Postal Service also sends change-of-address information to major credit bureaus with their own collection agencies every month.
Some privacy advocates recommend that when filling out a change of address request, you select the “temporary” address change option to avoid collectors from using your change of address information to find your present address. This will forward mail for six months, and you can extend it for up to a year, but it will not appear in postal records as a permanent change of address. Alternatively, instead of filling out a postal change of address form, you can just notify each individual or business who needs to know your new address. Of course, you run the risk of forgetting about a company or person with whom you want to keep in touch, or whose invoices you need to pay on time. You could fall behind on a priority account if you don’t receive the bills.
Department of motor vehicles of the state. A legitimate creditor or its representative (a collection agency) can utilize the motor vehicle department’s database to verify your address in most states in order to collect a debt and pursue legal remedies against you.
Records of voter registration. Some debt collectors look up voter registration records in the county where you last lived. The registrar will have your new address if you reregistered in the same county. If you reregistered after moving out of county, your new county will have communicated cancellation information to your old county, which the registrar may make public.
Companies that provide utilities. Although it is a challenging process, an agency collector may be able to locate you through your utility or phone company, particularly if you are still in the same service area. Even if you relocate a long distance, the corporation may use your new address to mail your final bill.
Are debt collectors allowed to call your family?
Debt collectors are permitted by law to contact your friends or family in an attempt to locate you. However, they are not permitted to contact these individuals in an attempt to collect the debt, and they are only permitted to contact them once unless they believe fresh information may be available. This, however, necessitates the individual answering and informing the collector that they are not the debtor.
You can tell the collector if the collector is calling about a friend or family member who has died away. If you have such information, you can also direct them to the estate executor, but you don’t have to.
File a Complaint With the FTC
While the FDCPA spells out a lot of what a debt collector can and can’t do, not all debt collectors adhere to the guidelines. If the collector has been advised that you are not the debtor and they continue to phone, you may need to file a complaint with the Federal Trade Commission and maybe your state attorney general’s office to get them to stop.
Get Legal Help
While reporting the Federal Trade Commission and the Attorney General’s Office is normally the last resort, extreme instances may necessitate legal action. If you’re unsure if you have legal basis for a harassment claim or can’t get the calls to stop, speaking with a consumer law attorney may be beneficial.
Avoid Common Mistakes
Never offer your personal information to a debt collector. Scammers may act as debt collectors, and providing them with this information might lead to crimes such as identity theft or credit card fraud. It’s also a bad idea to lose your cool or become enraged. These phone calls might be aggravating. However, bear in mind that the person on the other end of the line is only trying to perform their job, and losing your cool isn’t going to help.
