In recent negotiations with NCO Financial it is comical with some of the things I am hearing. I am told my case is only worth $1000 against them and they want me to sign a confidentiality agreement.

Here is what I feel that they have done and owe me for.

2 violations of the Telephone Consumer Protection Act and several violations of the Fair Debt Collection Practices Act.

2 violations of the TCPA at a minimum in my state carry a statutory penalty of $500 each, however a judge or jury could treble that amount up to $1500 for each call. Just the TCPA violations are valued at $1000 minimum.

This does not even taken in account the FDCPA claims I may have against them. I was willing to settle with them for the $1000.00 but would not agree to a confidentiality agreement and they have balked and their attorney told me it is only worth $1000, but I must sign the NDA.

I may just be a layperson, not an attorney, but I know this an order of appearance to defend them from an attorney in my jurisdiction for a prima facie claim of the TCPA will cost them more than $1000.00 and I am guaranteed at a minimum of $1000.00 with the evidence I have against them, which could be trebled to $3000.00 plus the FDCPA claims. Then it would be public record.

It is worth more than $1000 to enlighten other consumers of their shenanigans and to eventually win a suit against them and collect it via a garnishment filed against their client.

In 2007 NCO Financial was sued in Federal Court a Minimum of 1oo, mostly for FDCPA and FCRA Lawsuits. This was after they they paid a $1,500,000 settlement in 2004 for violating the Fair Credit Reporting Act.

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.

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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