Debt Collection Robocalls

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Debt collection agencies often utilize call centers to collect debts. The Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) prohibit debt collectors from calling without your consent. If they do, you may have a claim of $500 to $1,500 per unlawful call or text you receive.

BCJ Law’s debt collection attorney helps Pennsylvania residents who get collection calls and texts in violation of the law. To get a free case review from a Pennsylvania debt attorney, please fill out our contact form or call us at 1-800-997-5561.

Telephone harassment is prohibited.

The FDCPA generally prohibits debt collection harassment. With respect to debt collection calls, the FDCPA prohibits the following:

  • Calls are made at inconvenient times or places.
  • Calls are made outside 8am-9pm.
  • A large number of calls in a short period of time.
  • Threatening or deceptive calls.
  • The use of abusive, obscene, or violent language.

To learn more about debt collection harassment generally, read our page on debt collection harassment.

Calls made without your consent are unlawful.

Consent and the FDCPA.

The FDCPA generally prohibits collection agencies from calling consumers without consent. Debt collection calls are made without consent under the FDCPA if any of the following apply to you:

  • You told a debt collector to stop calling you, but the debt collector continued to call.
  • You told a debt collector what time, place, and method of communication to use when calling you, but the debt collector didn't follow your instructions.
  • You're getting calls about someone else's debt.
  • You're getting calls about a debt you don't owe or already paid.

II. Consent and the TCPA.

The TCPA prohibits debt collection calls when:

  • The call is made to your cellphone;
  • The call is made without your consent; and
  • The call contains a prerecorded voice; or
  • The call is made by an automated telephone dialing system.

A call is made without consent under the TCPA if:

  • You revoke your consent to receive calls.
  • You're getting calls about another person's debt.
  • You're getting calls about a debt you don't owe or already paid.

How do I revoke consent to get collection calls?

The TCPA and FDCPA give you the right to revoke consent to receive calls from debt collectors through any reasonable means, like over the phone or in writing. That said, it’s generally advisable to send a letter if you want collection calls to stop. These letters should be sent through certified mail and with a return receipt so you have evidence that your request was sent and received by the debt collector. If you need example letters, the Consumer Financial Protection Bureau (CFPB) has sample letters for consumers that want to stop collection calls from debt collectors.

Consumers usually revoke consent to receive calls if they don’t owe a debt, if they already paid the debt, or if they no longer can get sued on the debt. In each of these circumstances, there generally is no benefit to receiving debt collection calls because the collection agency can’t take legal action against you. If you still owe a debt, it may be advisable to continue receiving communications from a debt collector.

Can I limit the amount of collection calls I receive?

The FDCPA allows you to tell debt collectors what times, places, and methods of communication are convenient for you. Collection agencies can’t call you at inconvenient times or places, or through methods of communication they know are inconvenient for you.

So, for example, if it’s only convenient to get calls between 6pm-7pm, write to your debt collector telling them that. Or, if calls are never convenient, tell the collection agency that they only can contact you by letter. If you need example letters, the Consumer Financial Protection Bureau (CFPB) has sample letters for consumers that want to limit the ways in which debt collectors can contact them.

How should I respond to collection calls?

There’s no correct way to respond to calls from debt collection agencies. Your response generally depends on a number of factors, including whether you think you may or may not owe the debt at issue, or whether you think the debt at issue is past the statute of limitations. For tips on responding to collection letters, read our page on dealing with debt collectors.

Can I get damages if a debt collector violates the TCPA or FDCPA?

Under the TCPA, you can get statutory damages for each unlawful call you receive. Statutory damages under the TCPA range from $500 per unlawful call to $1500 per unlawful call.

Under the FDCPA, you can get actual damages and statutory damages for unlawful calls. Statutory damages can be up to $1,000. Actual damages include any monetary loss or emotional harm.

How much does it cost to sue debt collectors?

BCJ Law handles TCPA claims on a contingent or flat fee basis. For FDCPA claims, we often get debt collectors to pay our attorneys fees and costs. If your case is filed as a class action, our fees either are paid by the debt collector or from a common fund for the benefit of the class. Finally, for TCPA and FDCPA cases, we never get paid unless we get recovery for our clients.

Hire BCJ Law to help!

If you’re you’re getting unwanted calls from debt collectors, please contact BCJ Law for help. You may be entitled to actual damages, up to $1,000, and between $500 to $1500 for each unlawful collection call or text you receive. To get a free case review today, please fill out our contact form or call us at 1-800-997-5561.

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