In his recent Newsletter, my friend and wise consumer attorney John Watts offered up the below insightful tips and examples on how to stop multiple automated debt collection calls from flooding your cell phone;
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How to stop automated calls made to your cell phone
For most of us, our cell phones are the primary way that we communicate. Some of us don't even know how to access our voice-mail at home.
But what do we do when our creditors or collectors are calling our cell phones with a computer or auto or robo dialer? Can we stop this? Can we stop the 3-5 calls a day?
Yes.
And if the company won't stop calling you, it can be liable for damages of $500 or $1500 per call. Do the math -- you'll see why these companies hate this law and don't want you to know about it.
You can stop the calls the same way you can stop a creditor or collector from sending you 3-5 text messages a day to your cell.
You demand that they stop. You do this in writing. Certified mail, return receipt requested.
Here is an example:
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Dear ____.
Do not ever call my cell phone again. My cell number is ____________. I don't think I ever gave you permission to call my cell but if I did then I specifically revoke that permission now. To be clear, never call my cell phone again.
If you don't understand this request, you can write me at ________.
Do not call my cell phone.
Thank you.
[make sure you list account number, date of birth, address, etc. send it to the address on the back of the bill for correspondence].
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The law that protects you is the Telephone Consumer Protection Act (TCPA).
Here's what you should consider doing if you are dealing with this:
1. Revoke permission in writing (remember, certified mail).
2. Document every call coming in. Write it down and also take a "screen shot" (on iPhone press top and home button at same time) or take a picture of your screen with your digital camera.
3. Save every voice-mail particularly if they are "pre-recorded" messages.
4. When you do talk to the company, ask them why they are calling you when you told them in writing not to? Ask them to please document this in the notes. You might be surprised how often they will tell you they can't get you "off the dialer" so its not their fault -- it is the fault of the dialer....
There is a lot of resistance to this law as companies hate to pay us tens of thousands of dollars but they know what the law is and they know they are breaking it. It is just that so few people do anything about it so it still makes them more money to break the law than to comply with it.
We are seeing what we can do to adjust their math...
Are you dealing with abusive debt collection practices?
Let us know who is calling you as we are interested in tracking who the heavy abusers are.
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Protect yourself from abusive and illegal debt collection practices by understanding your consumer protection rights.
I did this. But when I filed a complaint about a company in violation, absolutely nothing was done. I had documented every call received (14 of them) after notifying the company to stop calling me, and I had phone records to prove it. NOTHING was done.
This is another air castle onto which we try to hang our hope for a system to control this annoying practice.
Cindy -not sure where you live or what company is doing this to you -but you should check for an experienced consumer attorney in your area that can help you hold them accountable! Try going to http://www.naca.net and search for attorney in your state.
keep us posted on how you make out. Do you want to share who the company is you are dealing with?
My business partner robbed us and left me with the debt. My phone rang all day and night. I discovered the callers were Scavenger Debt Collectors. These unethical jokers buy debt written off from original lenders for pennies on the dollar, file lawsuits to get a drive-by judgement and never stop. Please go to: harasstheharrassers.org for useful information to shut these immoral people down.
Denise, We support your efforts to expose these unethical entities, cannot justify calling them people. We will support stopping these practices at any cost.
Your doing great work, I want to help! Go to: harasstheharrassers.org
Thank you for the kind words of support! Continuing to share stories of abusive and/or illegal debt collection practices helps expose and shed light on them. ...writing about the wrongs can often help right them! :)
http://www.givemebackmycredit.com/richardson_share_your_story.htm
This is essentially a cease and desist letter, right? It's solid. I agree, Denise, with your recommendation that Cindy see a consumer attorney to follow-up with her harassment issues. Great job of her tracking the calls. That is very important in these claims.
Does this also apply to the robo-telemarketers?
You have consumer protection rights with debt collection robo calls too.
see: http://www.givemebackmycredit.com/blog/2010/12/how-to-stop-debt-collectors-from-robo-dialing-your-cell-phone.html
http://news.consumerreports.org/money/2012/07/how-to-stop-unwanted-robocalls.html