Debt Collectors and Cell Phone Numbers – What Are Your Rights?
The Federal Communications Commission has ruled that creditors are allowed to use automated dialers to call consumers’ cell phones if they fall behind in their payments on accounts.The FCC’s ruling is a big change for consumers and debt collectors. Prior to this, the FCC held that companies could not use autodialers to contact customers cell phones unless the consumer gave his or her express consent.
Petitioned by a debt collection trade group last month, the FCC responded with the decision that from this point forward, a consumer who gives his or her cell phone on a credit application, is consenting to being on the receiving end of automated debt collection calls.
For those who do not know, an auto dialed call usually comes through as a recording with a vague message referring a consumer to another number, or will keep the caller on the line until a live operator is available.
The FCC did stress that under their new ruling, the consumer must have either told the collector to call his cell phone or have furnished the number on the credit application. If the cell phone was in the debt collectors old records or obtained from another credit application, or without permission from a third party, it is still not allowed. Under the Fair Debt Collection Practices Act, a debt collector must stop calling if a consumer requests they do so, whether it be orally or in writing.
Your rights under Fair Debt Collection Law.
Contact an attorney for a free evaluation if you are experiencing debt collector problems.
