Mr.
Hill was fed up. He had received nearly 500 calls from his creditor
on his cell phone, some of them automated. He thought the Telephone
Consumer Protection Act would protect him against these abusive
collections practices. But he didn't realize, by giving his cell
phone number to his creditor, he opened himself up to more than he
bargained for.
The
Telephone Consumer Protection Act is designed to respond to consumer
complaints of creditors using technology for abusive collections
practices. The law prohibits collections companies from calling a
debtor's cellphone "(other than a call made for emergency
purposes or made with the prior express consent of the called party)
using any automatic telephone dialing system or an artificial or
prerecorded voice."
But
Mr. Hill had provided "prior express consent." He had told
his original lender to use his cell phone, rather than an outdated
home phone number. Then he gave the number to the collections
company, knowing that they would use it to contact him about his
debt. What he didn't realize was that by providing that number to his
creditor he was also opening himself up to the use of automatic
dialing and automated messages by the credit company and any later
collections company that was put in charge of recovering payment on
the loan.
That's
why you should never give your cell phone number to a creditor or
debt collection company. You may think you are just making it easier
for them to reach you, but you are also stripping away important
consumer protections against abusive electronic telephone collections
practices.
Collections
companies can be aggressive enough without debtors giving them the
green light. If you are being harassed by creditors who have crossed
the line, contact Dani Liblang and the consumer protection team at
The Liblang Law Firm PC today for a free consultation.
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