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


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

The TCPA helps with unwanted calls and texts to your cell phoneIf 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, since 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.

Congress has warned these companies to not abuse our cell phones if they don’t have permission to do so.

Feel free to get in touch with us if you have any questions about the TCPA.

If you live in the state of Alabama and you have any questions about what we’ve covered in this article, feel free to contact us.

You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will get in touch with you as soon as possible.

I look forward to talking with you.

Have a great day!

-John Watts


8 Comments

  1. Ashley says:

    Car loan company calls my cell and work place relentlessly what are my options

    • John Watts says:

      Ashley,

      If they are calling your cell with a robo dialer and you didn’t give them permission to do so, you may can sue under the TCPA. Remember this can be up to $1,500 in damages per call.

      If you gave them permission, you can always tell them you revoke that permission.

      Calls to your work are a bit harder to stop but normally you can tell them you are not allowed to receive these types of calls at work.

      All the above is based on you being in Alabama. If you are in another state, you may have different options.

      Regardless of where you live, I suggest you get with a consumer protection lawyer in your state to give you specific advice.

      If in Alabama, call us at 205-879-2447 and we’ll be glad to help you.

      Best wishes!

      John Watts

  2. Jeff Posey says:

    I have problems with car company .they call me 6 time aday .I has sent on letter .company still due same thang

    • John Watts says:

      Jeff,

      If you told the company to stop calling your cell and they continue to do so with a computer dialer, then you need to look at suing them under the TCPA.

      We have a case we are about to file with about 700 illegal calls. So the calls can add up, especially at a rate of 6 per day.

      Here are some questions for you:

      1. Did you give your cell number to the car company?

      2. Did you “revoke” or “take away” permission to call your cell?

      3. How many calls did they make

        after

      they received the letter taking away permission?

      4. What state do you live in?

      5. Who is the car company?

      Contact us by email (john [at] wattsherring.com) and let us know the answers to these and we can help you or get you to the right lawyer to help you.

      Thanks!

      John Watts

  3. Teresa says:

    I live in Minden Louisiana, 71055 n I been with been with a loan company, REPUBLICAN FINANCE, since July 2017. I felled behind in December of 2017 due to I was sick n had surgery, so I was off from work awhile n so I had no paycheck coming in and I explained that to them. I used my car title for the loan n the car put me down, transmission went out and I did take the insurance which was liability, and dropped it and I didn’t know that I had to keep insurance on the car and the car is down and I can’t afford to get it fixed. I take what I can in $100 and my mother helps me with that. I’m only $438 behind. Different ones call me every other day about a payment and they tells me that they can’t accept that it has to be more than that. Please tell me or call me to tell me what I need to do! They calls from different numbers and Everytime it’s someone different. Thanks

    • John Watts says:

      Teresa,

      Unfortunately, I can’t help you as you are in Louisiana and I’m licensed in Alabama.

      You need to get with a consumer protection lawyer in your state ASAP. Most likely the FDCPA (Fair Debt Collection Practices Act) will not apply as this sounds like the original creditor.

      But if they are calling you on your cell phone with a computer dialer — and if you did not give them permission — then the TCPA may apply.

      You may also have some Louisiana laws that can help you.

      Sorry you are going through this and hope you find someone in Louisiana ASAP.

      John Watts

  4. jose says:

    my car loan company has called me early morning during the week and weekends. i work nights as a truck driver and sleep in the day time. i get basicly about 3 to 5 calls a day. the calls are all prerecorded or by robot. my car is due every 30th of the month and if im 1 day late they start calling me. my car at the momment has been repoed for $45.19 behind plus being late now two days. this is rediculous and stressful. on top of all this my cpap machine and high bloodpressure medicine was in the car which icouldnt get til the next day. the abuse needs to stop

    • John Watts says:

      Jose,

      Get with a consumer protection lawyer in your state — this may violate some repo laws and it could be you can use the TCPA to help stop this abuse.

      Lots of factors so get with a lawyer (if in Alabama call us at 205-879-2447).

      You should also consider telling the car loan company not to call you during the day due to your sleep time — if they refuse to comply, ask them why?

      Hope you can get this straightened out quickly.

      Best wishes

      John Watts

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