How To Use The TCPA To Stop Auto Finance Companies From Harassing You On Your Cell Phone

If you fall behind, even by a few days, often your car loan company (GMAC, Nuvell, Ford Motor Credit, Drive Financial, etc) will call your cell phone without mercy. We have seen as many as ten calls a day.

Now, it is true that if you are behind, and if you gave GMAC or Nuvell (or whatever the car finance company is) your cell phone number then they have the right to call you with auto dialed (computer dialed) or pre-recorded messages.

The Telephone Consumer Protection Act (TCPA) says that these companies can call your cell phone if you gave them the cell phone number when you opened up the account.

Perhaps if you gave your number after you opened the account. This is what the companies argue – we believe that this is not good enough for them to be able to attack your phone with ten auto dialed calls a day.

But here is the best solution – REVOKE your consent. Do it in writing – “I hereby revoke and remove any consent you think I gave you to call my cell phone number of ___________. Do not ever call my cell phone again.”

Send this by certified mail, return receipt requested.

Or tell the company over the phone that you are revoking any alleged consent. If you record the call, let them know or make sure they have an automated message that says the calls may be recorded.

Keep track of the calls coming in. You can take a picture of your caller ID. You can log it into a collection log. There are a number of ways to do this but just pick one that you will use so you can have an accurate count of the number of calls that GMAC or Ford Motor Credit, etc. made to you. It is important to note the total number of calls – even if you don’t answer and if there is no voicemail – the attempted calls count if an auto-dialer was used as almost all of these car companies use.

If the company calls you after the revocation, then you may be entitled to damages under the TCPA of either $500 or $1500 per call.

As an example, if they call you 70 times. That’s either $35,000 or $105,000. This shows the seriousness with which Congress views our cell phones and Congress has warned these companies to not abuse our cell phones if they don’t have permission to do so.