Illegal Calls To Cell Phones By Debt Collectors

Can I Sue A Collector For Calling My Cell Phone?

For so many of us our cell phones are critically important.  We sometimes say as long as we have our keys, wallets, and cell phones then anything we forget can be replaced. But what happens when collectors start calling our cell phones?  Can they do this?

The short answer is "sometimes".

A collector has the right to collect a valid and legitimate debt.  A collector has the right to contact us on our cell phone.  But how the collector contacts us and what the collector says determines if the call was legitimate or illegal.

Use Of An Auto-Dialer Against Our Cell Phones Is Normally Illegal

Auto-dialers or predictive dialers are the computer generated calls that have a recording on it that greets you when you answer the phone.  Or sometimes the call is disconnected.  Here's the deal.  Collectors use to manually make the calls.  That is inefficient so collectors normally have a computer make the calls.  You are greeted with an automated message until a human collector is available.  Some of these systems will hang up if a human collector is not immediately avaible.  Others say "Please hold for an important message."

If you gave permission to the collection agency or the original creditor to call your cell phone, then it may be that this is appropriate to use auto-dialers against you.  But if you did not give permission then using an auto dialer violates federal law.

Sometimes when we sue collectors for doing this the defense lawyers will say "Your client must have given her permission or else how would we have her cell number?"  When I have responded that collection agencies can find cell phone numbers the lawyers act shocked that this information is avaible.  They claim no one can find your cell phone number.  Considering that collectors can find out the name of your neighbor's dog (ok - a slight exageration) - it is no problem using the many resources out there to find your cell phone number.

Revoke Any Permission You May Have Given To Call Your Cell Phone 

If you think you may have given permission to call your cell phone, revoke that permission immediately.  We suggest sending a letter that sets forth your cell phone number and tells the collector they can call it with a human being but not with a computer or auto dialer.  Send all letters certified mail, return receipt requested.

Save And Document All Voicemails 

As with any calls or voicemails, carefully document who called and when and what was said.  Save all voicemails!  Having the voicemail saved gives you proof that the collector actually did call you and leave a voicemail.

If The Law Was Violated, Sue! 

If you have received illegal autodialer calls, you may be entitled to $500 or $1500 per call under the Telephone Consumer Protection Act (TCPA).  If the voicemail was threatening, revealed the debt to a third party, or did not contain the required mini-miranda disclosure ("this is an attempt to collect a debt by a debt collector") then the Fair Debt Collection Practices Act (FDCPA) has likely been violated.

Feel free to contact us for a free consultation on your rights to sue these abusive bill collectors who break the law with no shame - they don't mind if the illegal message is recorded!  Call or email us now for help.