Debt Collectors Using Automated Dialers to Call Consumers
Posted on November 28, 2007
Filed Under Debt Collection, Poor Reporting
By: Paul Rushing
If a debt collector is calling you with an automated dialer they may be held accountable under several Federal Laws. A recent news story at wcnc.com implies that debt collectors are not liable under the same law that governs the Do Not Call Registry. They failed to give the whole story.
Their story would lead consumers to believe that collection agencies or debt collectors in general are exempt from the Telephone Consumer Protection Act. This is not true. If you are receiving calls from a debt collector or any organization via an automated dialer to your cell phone without your express consent, it is against the law. There are no exemptions other than the recipient not being charged for the call. So even calls from pollsters and political announcements are not exempt under the TCPA to call your cellphone. It applies to all calls to cellular phones.
A prior business relationship does not establish express consent, nor does there have to be a prerecorded message to fall under the law. The call just has to be made by an automated dialer. Even if a live person is on the line when you answer the call, if it was placed with an robo dialer it is a violation.
The Collection Agency Lobby known as the ACA has petitioned the FCC to provide an exemption to calling cellular phones with an automated dialer and as of this date has not succeeded. You can see more about how the collection agency lobby is trying to get the government to end around the laws that were put in place to protect consumers at ACA – Telephone Consumer Protection Act.
In the bad news article Progressive Financial Services is repeatedly calling a consumer with an automated dialer to her land line which is arguably a violation of the Fair Debt Collection Practices Act. She is not the one that even owes the alleged debt, however the Fair Debt Collection Practices Act may still apply even if debt collectors are calling the right person in a harassing fashion with an automated dialer.
I am not sure if Ms. Crowley at WCNC is aware that she has not provided complete information in her reporting. We will give her and her editor an opportunity to respond. I would hate to think that they did not give accurate information intentionally unless they are trying to cater to their advertisers.
If any company is calling your cellphone with an automated dialer or leaving automated recordings to your cell phone you can report them to the Federal Communications Commission.
If a debt collector is harassing you with an automated dialer or by any other means you can report them to the Federal Trade Commission.
Comments
2 Responses to “Debt Collectors Using Automated Dialers to Call Consumers”
Leave a Reply
Yeah I really hate when companies use auto dialers, they are so annoying. You answer the phone and there is a long pause then a machine comes on telling you to call a number back.
Sorry guys if you do not have the gutts to dial me direct and speak with me human to human you do not get a call back from me.
Just another example of poor service standards across the board. Companies are unwilling to take the time to dial a phone and would rather a machine do it for them.
Can someone tell me if companies using automated dialers, call your land line pause then tell you not to hang up. this is a new legistration that could help you, to be honest i am totaly sick of this, how can i get this to stop.