Illegal Calls And Voicemails To Cell Phone By Collectors

Alabama consumer attorney John Watts discusses whether it is legal for a debt collector to call your cell phone or to leave a voice mail message on your cell phone.

Other than threats, lies, etc. which are always prohibited by the Fair Debt Collection Practices Act (FDCPA), there are two main violations which we see frequently when collectors call cell phones.

First, the failure to leave the Mini - Miranda. This is the requirement to tell you the collector is a "debt collector" and that the call "is an attempt to collect a debt". This is a frequent violation.

Second, the federal law Telephone Consumer Protection Act (TCPA) prohibits many of the auto dialer (computer calls - "robo" calls) that collectors like to use. Collectors can't use a predictive or auto dialer unless you have given permission to do so.

You can visit our website which has an article specifically on calls to cell phones - http://www.alabamaconsumer.com/CM/Articles/IllegalCallsToCellPhones.asp.

You can also contact us through our website to get a free report on "How To Make Collectors Pay For Illegal Voicemails" or you can call us at 205-879-2447.

Category:

Howto & Style

Tags:

• debt collector
• FDCPA
• TCPA
• illegal voicemails
• auto
• dialer
• consumer
• attorney lawyer
• John Watts
• Birmingham
• Alabama

[johngwatts]

Yes it is a bit disturbing what the administration and others are proposing about calls to cell phones by authodialers. But the way the law is now, and 2 years ago when I posted this video, is if you revoke permission they can't call you with the computer dialers. I don't think that will change. What you propose is one way to handle it. If these guys are going to break the law, however, I prefer to document it and sue them.

[IceVikingDeathGrip]

Why would you give these POS your cell number for? obama (clown that he is) wants to make it easier for collectors to call you on your cell phone. So, why all the fuss?? Very easy to fix: Simply go to your account (whoever your carrier is, Sprint, AT&T, etc...) and enter their number in the call blocking section :) End of problem.

[johngwatts]

@IceVikingDeathGrip I hear you.... but if these guys are breaking the law, you can always sue them and that will help them understand to stop breaking the law.... Like a lot of things in life, various paths to the goal..... :)

[meximess420]

thank you for the info i am being harassed, i have been called 3 times by an auto diala today without my permission.. and have called and asked them to stop. and they keep calling!!!!

[johngwatts]

@meximess420 I suggest documenting what is happening. Take a picture of your caller id, save voicemails, etc. Then get with a consumer lawyer in your area. Best wishes!

[Sfarcar]

hi i have an illegal phone :D