Well we can add NCO Financial to the list of collection agencies that uses automated dialers to call cellphones. The good thing is I do believe they are on the ball as far as realizing that it is against the law, if they use a predictive dialer to call one.
Using predictive dialers to call cellphones without “Express Permission” is a violation of the Telephone Consumer Protection Act(TCPA). Wrong numbers and existing relationship are not exclusions to this provision of the TCPA. If they are calling your cellphone with dialing software they owe you for your troubles under the TCPA.
One of the things they do is capture numbers when you call in on their toll free line, as admitted by their attorney, you can not block your number when you call an 800 number. So if you do not want NCO calling your cell number do not call them from it. If you do they will capture it and enter it into their calling software if they can identify it with you. This will cause them to call you with prerecorded messages and based on the verbiage of the message they use and if it is to your cell phone they would owe you $500 unless your state laws are different. Another thing if you tell them to take that number out of their dialer and you still receive calls from them it would be a willful violation of the TCPA which could cause a judge to treble the amount. So the best way to avoid calls to your cell by NCO Financial is to not call them from it, if you have made that mistake already and are receiving robo calls from them you should start investigating the Telephone Consumer Protection Act and hold them accountable if you are so inclined.
Technorati Tags: collection agency harassment, nco financial, tcpa, telephone consumer protection act


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