What They Can’t Do
Robodialers. If you pick up the phone and are put on hold or hear a delay before the operator connects or if you hear “dead air,” the collections company is probably using an automatic dialer, which is prohibited under the TCPA.
Prerecorded messages. If you can’t interrupt your collections caller, it is probably a prerecorded message. That is no good under the TCPA. They have to give you a live person to talk to.
Automated messages. Just like prerecorded messages, robocallers and automated calls that insert your name and amount to a computer-generated message are against the law.
Cell Phones. If the collections company is calling your cell phone, it may be illegal under the TCPA. But that will depend on whether you gave them consent.
When They Can Do It Anyway
You want to be careful when signing contracts. Under the TPCA, if you expressly consent to cell phone calls or automated calls, it could eliminate your claim against the collections company. Read your agreements carefully to know what you are agreeing to when it comes to collections.
Telemarketing companies can also get around the TCPA if you have worked with them before. So once you sign on with a company, they can use automatic calling techniques to encourage you to increase your contract. But this exception only applies to the contracting company itself. If your creditor sends the account to a collections company, you are still covered.
What You Should Do
If you think a creditor is using illegal robodialers or automated calls, create a log of every time you get a call. If possible, record some of the calls. Then contact a consumer protection attorney like Dani Liblang of The Liblang Law Firm, P.C. She and her team can help stop the harassment and hold the creditors accountable. If you or someone you know is facing oppressive collections companies, contact the Liblang Law Firm, P.C., today for a free consultation.