Debt collectors are well-known for using every possible tool they can to collect debts. Sometimes their methods are legal, and many times they are not. Consumers should take precautions and understand their rights when dealing with collectors. One of the most common resources debt collectors are now using is social media. Remember, anything you post online for the public to see is open for collectors to view and use.
But, what about harassing calls on your cell phone? Again, the calls may or may not be legal, depending upon the circumstances of the call. If an auto-dialer or a pre-recorded message is used by the collector to contact you on your mobile phone, it may be a violation of the Telephone Consumer Protection Act (TCPA). A call from an auto-dialer is one that is generated by a computer.
Additionally, the collector may be violating the law if you did not provide the collector or the original creditor with permission to contact you on your cell phone. However, if you gave the collector permission to call your cell, even using an auto-dialer may be permissible. In contrast, if you did not grant the collector permission to call your cell, then using a pre-recorded message or auto-dialer could be a violation of the law.
It is important for consumers to understand that they have the right to revoke permission previously granted to collectors to contact them on their cell phone. You should send a written notification that you are revoking your permission. This latter should be sent by certified mail, return receipt requested, to the original creditor and/or collector so you have evidence proving they received your notice. Even if you are not sure if you gave permission to be contacted on your cell phone, you should send written notice that they should cease contacting you on your cell phone.
In most cases, the debt collector will stop calling your cell phone once you provide a written request asking them to stop. However, if your notice is ignored and a collector continues to call or harass you on your mobile phone, you may be entitled to recover $500 to $1500 per call.
Fitzgerald & Campbell handles debt collector harassment cases on a “contingency fee” basis, which means you pay us nothing unless we are successful! There is no charge to you for us to represent you. If we win, we will get paid. If we lose, we will not get paid. It is that simple. The law provides that if your case is successful, the creditor or collector will pay your reasonable attorney fees. Call us today toll-free at (844) 431-3851 or contact us online to schedule a free initial consultation.