The Do-Not-Call List and TCPA can protect your consumer rights

 

The Associated Press reported in an article by JIm Abrams, that Congress has passed legislation extending the "Do-Not-Call" list. Abrams wrote;

Politicians have finally found an issue they all can agree on: Telemarketers calling at dinnertime are a scourge that must be repulsed. Congress on Wednesday sent to President Bush two bills that would make permanent a program to protect consumers from unwanted phone calls from telemarketers. Its hallmark is the national "do not call" list.

Congress seems unable to provide protection from predatory lending but at least Congress has passed some protection for consumers' privacy. This law will continue to provide consumers with protection from invasions of privacy by telemarketers.  If you have not already signed up for the Do-Not-Call list, go to the FTC's website for information on what you need to do.

Under the TCPA, a consumer has a right to file a lawsuit and recover $500 for each call that violates the TCPA. The TCPA can also be used in conjunction with the Fair Debt Collection Practices Act in some situations. 

Generally, the TCPA does not apply to debt collectors making collection calls to debtors. However, if you are subjected to calls from a debt collector and you are not the debtor, you may file a lawsuit against the debt collector under the Fair Debt Collection Practices Act (FDCPA) and the TCPA.

This right was recently recognized by Judge Legrome D. Davis in a case called Watson v. NCO Group, Inc.  NCO Group is a debt collector that uses automated prerecorded collection calls.  In this case, Mr. Watson alleged he was getting hundreds of calls from NCO Group after he got a new phone number. Mr. Watson claimed he owed no debt to NCO Group, Inc.  Mr. Watson filed suit under both the FDCPA and TCPA.

David Israel, defense lawyer for NCO, argued that the TCPA should not apply to debt collectors.  Judge Davis rejected the argument made by David Israel. The judge ruled that Mr. Watson had a right to sue NCO Group Inc under the TCPA for $500 for each call.  Judge Davis wrote;

[The] Court is convinced that a non-debtor's rights are in fact violated when he is subjected to repeated annoying and abusive debt collection calls that he remains powerless to stop.

Judge Davis' ruling was based upon his interpretation that collection calls to non-debtors violate the privacy rights provided by the TCPA. 

So what can you do if you receive "wrong number" calls from debt collectors?

1. Sign up for the Do-Not-Call registry.

2. Save the calls captured by your voice mail or answering machine.

3. Contact a consumer lawyer.

It is not unlikely that you may receive calls from debt collectors even when you are not a debtor.  More and more frequently, debt collectors are using automated dialer and recorded message players (ADRMPs).  The increased use of ADRMPs means that folks who get a new phone number, formerly  held by a person with debts, may be subjected to hundreds of automated collection calls. For more information on this emerging collection practice, check out Jessica M. Gulash's Note "The Use of Auto-Dialers and Pre-Recorded Messages by Debt Collectors" in the Journal of Technology Law & Policy.

Even if you are a debtor, you may be able to sue a debt collector under the FDCPA for using an ADRMP. As detailed by Ms. Gulash, many courts are recognizing that use of ADRMPs can violate the FDCPA.

If you have been subjected to debt collection phone calls. Share your story.  I will help you or refer you to a fellow consumer lawyer or consumer agency who can help.

Mark T. Lavery

Comments

[Nancy]

Mark,

Would love to contact someone who can help me. I have been contacted by a specific agency (the number I will not publish here, unless you think it would help) on my new, company-provided cell number. I am NOT the debtor(s) they are looking for and they are extremely "unhelpful" in getting this number eradicated from their files. I have advised them of the above facts and that I do not know any of the debtor(s) they are looking for. They continue to call. What else can I do other than speaking to a so-called supervisor"

NancyP

[Marianne Alexander]

I've received numerous phone calls from 866-278-1213 saying their a collection agency. I'm unaware of any debt in collection.