If you are past due on your bills, you are probably being harassed by debt collectors. You are probably aware that the law prohibits collectors from using certain harassing and abusive tactics to collect debts. One of the most common ways that collectors violate the law occurs when they contact a debtor on his or her cell phone without permission to do so.
Most debt collectors use an auto-dialing service to contact borrowers. You may be familiar with this type of call – there is typically a pause after you answer the phone while the computer transfers the call to a human to talk to you. In some cases, there is a pre-recorded message. If you have not provided the collector with permission to contact you on your cell phone, this type of call may be a violation of the Telephone Consumer Protection Act (TCPA).
How do you know if a collector has violated the TCPA? We must investigate whether or not you provided the collector with authority to contact you on your cell phone. Many times permission is given when you fill out a loan application form and provide your cell phone number as a means for contacting you. However, if you did not give the collector permission to contact you on your cell phone, the use of an auto-dialer to call your cell phone may be a violation of the TCPA.
It is important to understand that if you revoke your permission for the collector to contact your cell phone, you can do so by sending a written revocation letter. It is important to send the notice that you are revoking your permission by certified mail, return receipt requested, to the collector. This is important for proving that the collector received the revocation letter. If you cannot remember whether or not you gave the collector permission to call your cell phone, you should send a revocation letter and demand that they stop auto dialing your cell phone. In the majority of the cases, your revocation letter will make the calls to your cell phone stop. However, if the collector ignores your request and continues to auto-dial your cell phone, you could be entitled to recover $500 to $1500 per call.
If you believe a collector is violating the TCPA, the legal team at Faro & Crowder is ready to help. Our office is located in Melbourne, but we proudly serve businesses across the State of Florida.