Debt collectors often hassle consumers for money, as this is how their agency gets paid. In order to get payment, an agency has to get in contact with the consumer first. The main way a debt collection agency may remind consumers about outstanding dues, is through sending repeated daily robocalls. Many consumers may just deny or block these calls, or eventually stop picking up their phone altogether when it’s a number they do not recognize. However, an agency may be operating in not only a pestering way, but unlawfully too. It is crucial that consumers understand their rights when receiving robocalls for debt collection.
How much money may a consumer be awarded in a lawsuit against the agency?
If a consumer seeks legal assistance and files a lawsuit for the illegal robocalls, he or she may be entitled to receive monetary compensation for every single time they were contacted. Anyone considering taking legal action for unrelenting robocalls, may want to start tracking which numbers and how often robocalls are sent from the debt collection agency. The biggest factor in how much of a financial award the consumer may get is how much evidence they can bring to the table.
Why doesn’t a consumer just call the agency and ask to not be contacted?
Here is where the line between illegal and legal can get fuzzy. Depending on your state laws, there may be ways the debt collection agency is violating consumer rights. For example, if a consumer did not give consent to receive robocalls and the agency continues despite requests not to, they may be breaking the law.
An agency may be violating rights if the consumer receives robocalls with an unprofessional message, which is intended to scare the person into sending a payment. Additionally, it is unlawful if the consumer receives robocalls that include threats about being arrested or suffering some other kind of consequence.
Are there ways a consumer may have given consent without realizing it?
Absolutely. Debt collection agencies can be tricky in how they receive “permission” to send robocalls to consumers. A person may have unknowingly given consent if they listed a cell phone number when applying for a loan or credit card, or when updating their account information.
Why don’t more consumers take action for harassing robocalls?
Consumers may not take legal action against a debt collection agency, because they simply do not realize that what is happening may be violating their rights. A debt collection agency probably assumes the consumer does not have the time, energy, or awareness to file a lawsuit, so the robocalls continue until the agency is faced with being sued.
How can I prove that I received these robocalls from a debt collection agency?
The best way to show proof is through incoming call logs, documenting which numbers were from debt collectors, and keeping voicemail recordings on your phone. When a consumer starts receiving these calls, they may initially respond by blocking numbers and deleting voicemails. Those who are considering filing a lawsuit should keep these details instead, as a way to begin building evidence and a case foundation. Contact a lawyer, like a debt collection lawyer from the Law Office of Michael A. Ziegler, PL, if you want representation today.