Can A Collector Leave A Voicemail On My Cell Phone?
Can A Collector Leave Collection Call Voicemails On My Cell Phone?
Debt collectors primarily use the phone to collect debts.
Many of us only have cell phones so debt collectors call our cell phones.
Sometimes it is but often it is illegal.
Listen carefully in the voicemail for any threats and also to see if the collector leaves the appropriate warning — called the “mini miranda” by some.
This is where the collector informs you that the call is from a collector and is for collection purposes.
The more common violation is where the collector uses a computer dialer to call your cell phone without permission.
This violates the Telephone Consumer Protection Act (TCPA) and can result in damages of $500 or $1500. Per call.
Yes the collectors hate this law because they think they should be able to violate the law and face minimal damages.
But we have had clients with well over a hundred calls — those damages add up quickly as you might imagine.
The key is to have never given permission to the collector or the original creditor to call your cell phone.
If you think you may have, the safest thing is to send a letter revoking permission to call you on your cell phone.
Not only can the auto dialed calls be illegal but if a pre-recorded or computer generated message is left on your cell phone, this can violate the TCPA in the same way entitling you to $500 or $1500 in statutory damages.
Be very careful of allowing a collector (or a creditor) trying to dominate your life by attacking your cell phone.
Just because you have your phone with you does not mean you have to answer every call — although we suggest talking to the collectors whenever you can.
Regardless, if the collector is leaving illegal voicemails, find out your specific rights and then take action.
If you live in Alabama and you have any questions, give us a call at 1-205-879-2447.
I look forward to chatting with you!
Have a great day.