How To Revoke Consent To Call Your Cell Phone With Auto Dialers Or Pre-Recorded Messages
We have discussed elsewhere that often times creditors and collectors illegally call our cell phones with their computer or auto-dialed calls or pre-recorded messages. In other words, not a live human being calling or leaving the message for us.
This can violate the Telephone Consumer Protection Act (TCPA), a federal law designed to stop these annoying computer (non human) calls to our cell phones.
But if we gave consent (permission) for the creditor or the collector to call our cell phone, then there is normally no violation of the TCPA. So how do we take away or revoke that permission or consent? We hope these frequently asked questions give you some guidance. Always sit down with your consumer protection attorney as the following is general educational material and may or may not apply in your unique situation.
WHAT IS CONSENT?
This is simply permission to the original creditor (or a collector collecting for the original creditor) to call your cell phone.
If you gave consent, then it is legal to call your cell phone with an auto dialer or with pre-recorded messages.
HOW WOULD I HAVE GIVEN CONSENT?
The normal way is to give your cell phone number when you opened up the account with the creditor.
Creditors and collectors argue if you ever gave your cell phone number (or even called from it so it showed up on caller ID) that you have given consent. The law does not say this but creditors and collectors will argue this.
Bottom line is if you have given your number at any time to the creditor or collector, the safest thing to do is to revoke that consent.
CAN I REVOKE IT AS IT RELATES TO MY CELL PHONE?
Yes.
Collectors and creditors like to say you can never revoke your consent.
I believe this is absurd. You can always revoke your consent. I don’t know of any circumstance where you can’t revoke consent. I have challenged defense lawyers to push this point but they have all declined which tells me they know they do not have a good argument.
WHAT ARE THE WAYS TO REVOKE MY CONSENT?
You can call or write and tell the company that you revoke your consent to receive calls on your cell phone.
If you send a letter, send it by certified mail, return receipt requested.
If you call, carefully document the time you called and what you said. Or you can record the conversation by telling the company you are recording it if the company agrees to allow you to record it. This way there is no confusion over the fact that both you and the company you called agree (consent) to the call being recorded.
WHAT DOES IT MEAN IF I REVOKE MY CONSENT BUT I STILL GET CALLS TO MY CELL PHONE?
This means the company calling is likely violating the TCPA if you are receiving auto dialed calls or calls with pre-recorded messages on them. Remember if there is no permission to call you on your cell phone, then all the calls that are auto dialed or have pre-recorded messages likely violate the TCPA.
Violations of the TCPA can result in damages of $500 or $1500 per call.
IF I REVOKED CONSENT, OR NEVER GAVE IT TO THE CREDITOR OR THE COLLECTOR, WHAT DO I DO NEXT?
We suggest you sit down with a consumer protection attorney to find out about your rights and to decide what is the best action for you to take.
Often the right action is to file suit which normally has a wonderful benefit of getting a lawbreaking creditor or collector from continuing to break the law when calling you.
And the damages of $500 or $1500 per call is nice also – nothing changes the illegal behavior of companies like paying out money.
If you live in Alabama and have any questions for us, please feel free to call us at 205-879-2447 or by filling out our contact form below or our general contact form here.