Debt Collectors and the Do Not Call Registry

Debt Collectors do not generally do not fall under the Do Not Call laws if they are calling your landline.  However the Telephone Consumer Protection Act (TCPA) does apply if they are using automated dialing equipment to call your cellphone.

One of the tale tale signs that you are being called by an automated dialer is the clicking sound or dead line silence before a person actually speaks after you answer the phone.  Automated messages to your voice mail are also a dead giveaway.

Generally speaking though most all calls placed by debt collectors are done via a predictive dialer, which is the exact term used in the Telephone Consumer Protection Act.  The excerpt below is taken from the FTC Website Regarding the TCPA: [ftc.gov]

Automatic Telephone Dialing Systems and Artificial or Prerecorded Voice Calls

The FCC has specific rules for automatic telephone dialing systems, also known as “autodialers.” These devices can be particularly annoying and generate many consumer complaints. The rules regarding automatically dialed and prerecorded calls apply whether or not you have registered your home phone number(s) on the national Do-Not-Call list.

Autodialers can produce, store, and dial telephone numbers using a random or sequential number generator. They often place artificial (computerized) or prerecorded voice calls. The use of autodialers, including predictive dialers, often results in abandoned calls – hang-ups or “dead air.” Except for emergency calls or calls made with the prior express consent of the person being called, autodialers and any artificial or prerecorded voice messages may not be used to contact numbers assigned to:

• any emergency telephone line;

• the telephone line of any guest or patient room at a hospital, health care facility, home for the elderly, or similar establishment;

• a paging service, wireless phone service (including both voice calls and text messages), or other commercial mobile radio service; or

• any other service for which the person being called would be charged for the call.

This rule of the Telephone Consumer Protection Act applies to all companies that use predictive dialers.  The only exemption that callers recieve for calling a cell phone with a predictive dialer is with expressed consent.  A prior business relationship is not express consent, as mattr of fact the ACA is trying to get this law changed and appears stymied in their efforts.

One of the way that collection agencies capture consumers cellphone numbers is when you call into their toll free number.  You cannot block your telephone number when you call a toll free number as they are paying for the call.  So if you call a collection agency from a cell phone and they can identify you with that number then more than likely they will add that number to their database.  So if you do not want a collection agency calling your cell number with a predictive dialer do not call them from your cell number.

If they do happen to call your cell number from a predictive dialer then they are liable to you for a minimum of $500 up to $1500 under the TCPA if you can document their calls, unless your state has exemptions or enhanced statutory damages.  Those amounts are per call not a one time event.  They absolutely owe you $500 if they call your cellphone one time with a predictive dialer and $500 for each call after that.

Each call with a predictive dialer would also have Fair Debt Collection Practices Act violations as well as they are using an illegal means to attempt to collect a debt.

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