Debt collectors are among the most frequent violators of the TCPA’s privisions which protect cell phones against unwanted robo calls. Debt collectors often set the frequency of the calls at a high rate and call steadily. Many consumers have sued debt collectors for violating their TCPA rights and debt collectors have learned that TCPA suits can be much more expensive for them than a “mere” Fair Debt Collection Practices Act (“FDCPA”) case. As a result of consumer TCPA lawsuits, the collection industry is reluctantly improving its compliance but much room for improvement remains.
There are five general situations which share facts and law in common but also have some important differences. In order to assist visitors to this site, Mr. Petersen has published five (5) articles describing these situations.
The first three (3) situations focus on who owes the debt that the debt collector is calling about : (1) someone who is a total stranger to the person who receives the call; (2) someone who the person who receives the call (typically a friend or relative); or (3) the person who owes the debt is the person who receives the call or their spouse.
Please click on the description which best describes your situation :
There are two (2) additional special situations which may apply if the debt collector or creditor is calling about your account.
Although many people file bankruptcy each year, the creditors and debt collectors often continue to call their cell phones and/or landlines even after the bankruptcy court discharges the debtor’s debts. If the creditor or debt collector is calling the debtor’s cell phone, the debtor’s TCPA claims will probably be much greater than the amount a bankruptcy court would award the debtor as damages for the caller’s violation of the discharge order.
The FDCPA does not prohibit debt collectors from attempting to collect a debt even after the statute of limitations on a debt expires. Debt collectors who comply with the law can continue to call or write consumers when attempting to collect their zombie debts. But, debt collectors who use robo dialers and / or prerecorded or artificial voices when calling the consumer must also comply with the TCPA.
(C) 2017 Donald E. Petersen