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How to Fight Back Against Debt Collection Robocalls

Published on February 1st, 2020

Bankruptcy Lawyer

Debt collection calls to a person’s cell phone may be painfully annoying, especially when a collector calls multiple times per day. It may get so bad to where a consumer doesn’t even answer an unrecognized number, out of assumption that it is just another robot message. As a consumer, it is important that you are aware of your rights when it comes to this pesky and relentless contact. For those who have tried to get these debt collection robocalls to stop without success, may need to consult with an attorney for advice.

What is the definition of a robocall? 

A robocall is any call that has a previously recorded or automated voice message. As soon as a person picks up and says hello, a recording plays regarding the demand for debt payment. There are many ways in which a debt collector may be using robocalls unlawfully. 

What is the number one way that debt collectors break the law?

If a person does not consent to and requests to not being contacted through robocalls, the debt collector may be in violation of consumer rights if they continue anyway. Unfortunately, the majority of consumers do not realize that what is happening to them could be illegal. 

How do I know for sure whether my debt collector is violating my rights?

If you did not grant the agency permission to receive robocalls, then the debt collector may be breaking laws at both the state and federal level. The best way to find out is to meet with a legal professional who is familiar with the tactics telemarketers use to get money from people. 

Are debt collectors considered telemarketers?

A debt collector by law may have to abide by the same set of regulations as a telemarketing company. Both a debt collector and telemarketing agency may use aggressive, threatening, intimidating and unprofessional tactics to push a consumer into paying. For example, a robocall may entail a message warning the consumer that they will be arrested if they do not respond to the debt payment request. While this message may be scary to hear at first, there is often no backing behind these threats. 

Is it possible that I agreed to receive these robocalls and didn’t know it?

Yes, a consumer may have provided their cell phone number as a form of contact when either applying for a credit card, or when updating their information. Some debt collectors may take this as “consent” to get calls from them regarding money due. This tactic is common, and quite misleading. 

What can an attorney do to help me stop these robocalls?

An attorney can help you take legal action if you feel that the debt collector has violated your rights. If you have already sent in a written request to not be contacted and the debt collector has not ceased, then a lawsuit may be what is required in order to get the robocalls to stop. An attorney, like a Debt Harassment Lawyer in Tampa, FL, can also help you get awarded financial retribution for every inconvenient and unlawful robocall you received from the debt collection agency. 

 


 

Thank you to the experts at The Law Office of Michael A. Ziegler, PL for their input into debt collection and the law.

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