Can debt collectors really violate the TCPA?


Can debt collectors really violate the TCPA?

You can get damages under the TCPAThe TCPA, or Telephone Consumer Protection Act, keeps us protected (for the most part) from unwanted calls or texts.

Often consumers wonder if the law applies to debt collectors who claim that a debt is owed.

Absolutely.

When they robo-dial your cell, or text your cell without your permission, they’re violating the TCPA.

In other words, if they’re using a computer to blow up your phone, then they’re breaking the law unless you gave them permission to do so.

Here’s the key.

You need to find out whether or not you gave the collector permission to call you.

Often times, when you apply for a credit card or take out a loan, there’s a part where they ask for your cell phone number.

Along with that request, they’ll put a disclaimer that says something like, “Please be advised that we may auto-dial you.”

You need to see if you gave permission.

“What if I gave them permission?”

Then it’s legal for them to robo-dial/text you.

They can call or send automated messages to your phone as long as they have permission.

“How do I take back my permission?”

You revoke your permission verbally.

However, the best way to revoke it is in writing.

If you haven’t given permission, then that’s a problem for them as they can be sued.

They’re looking at paying you a lot of money if you haven’t given the consent to call/text you.

If you decide to sue them, they could be paying you $500 per call.

Also, if their calls are considered “willful violations,” then they could be paying you $1,500 per call.

We’ve had cases where debt collectors have made over 300 calls to our client.

That adds up.

The TCPA is an incredibly powerful law that protects consumers.

Contact Us.

If you have any questions about the TCPA, you can reach us by phone at 1-205-879-2447.

You can also fill out a contact form and we will get in touch with you as soon as possible.

I look forward to chatting with you!

Have a great day.

-John G. Watts


One Comment

  1. […] They’re supposed to have this thought and go, “You know, when we call people in Alabama, and we get the wrong person, and they tell us we got the wrong person, maybe we should stop calling them. Maybe we shouldn’t keep blowing up their phone two, three, four, five, six times a day for the wrong person.” You see that they called your cellphone that may mean they violated the TCPA, telephone consumer protection act, which can be five hundred dollars or fifteen hundred dollar…. […]

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