The Telephone Consumer Protection Act (TCPA) provides protections for debtors for collection calls to their cell phones placed without the debtor’s express consent. If any of this is happening to you, contact Attorney Allen to see if you may have a cause of action in federal court against the collector.
Often you will get calls on your cell from a collector which leaves a prerecorded message, or which is clearly an automated call (no live person is there when you answer). These could well be violations of the TCPA.
It is a violation to call using an automated dialling system (ATDS) OR using an artificial or prerecorded voice without PRIOR EXPRESS CONSENT, and this applies to a cell phone if attempting to collect a debt. Any robotic message when you answer or left on voicemail is a violation. "Automatic Telephone Dialing System" means equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator to dial the numbers.
Clues that it is ADTS:
· Landline and cell phone ring at same time
· Takes a while to connect to live person
· Dead air when answered
· Calls many times per day
Special Notice: ANY calls using an autodialer or artificial/prerecorded voice after you revoke consent - telling the caller to STOP calling you at this number - are a violation of the TCPA, even if you had given express consent at one time (for example, on the original credit application).