Consumers are often bombarded with marketing or collection cell-phone calls, texts and or faxes. Such contacts are often an invasion of your privacy and harassing. In many instances the calls, texts or faxes are against the Telephone Consumer Protection Act and could result in recovery of $500 – $1500 per phone call, text or fax.
Telemarketers, collections companies and creditors cannot call or text your cell phone without your express consent using an automated dialing system or a pre-recorded voice message.
Automated Dialing System or a Pre-recorded voice message
There are two tell-tale sign that a phone call was placed using TCPA regulated equipment:
When you answer the phone, you are greeted by a recorded voice; or
When you answer the phone, you experience a short pause (and occasionally the sound of a click) before a live operator responds.
Express Consent for Telemarketing Calls
Telemarketers must obtain express written consent prior to placing TCPA regulated calls. Such express written consent can be obtain in written or via electronic signatures. The FCC’s definition of express written consent under the TCPA shadows that of the E-SIGN Act. An electronic signature under the TCPA can be defined as “an electronic sound, symbol, or process attached or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.” Companies cannot require consent as a pre-requisite to purchasing goods or services.
Express Consent for Collection Calls
Debt collectors or creditors must obtain express written consent prior to placing calls to your cell phone via an automated dialing system or a pre-recorded voice message. There are wide variety of ways for you to provide consent to a debt collector or creditor for such calls including but not limited to providing phone number in written applications, in an agreement, during a phone call, on the web, etc. However, you make take away your permission and revoke the consent by written or a verbal request. While a written request is preferable the law as it stands now does allow for verbal revocations.
What should you do if you are getting harassing calls?
If you are receiving harassing calls to your cell phone via an automated dialing system or a pre-recorded message please:
Immediately request the caller to stop making calls. Note the date and time of the phone call during which you made the cease and desist request. Note the name of the representative who you made the cease and desist request to.
Keep a written log of every call made by the caller following your cease and desist request.
Immediately call Saeed & Little, LLP for further information about your rights under the Telephone Consumer Protection Act.
We have significant experience in prosecuting these cases and a proved track record
SAEED AND LITTLE, LLP is currently litigating or previously litigated class actions and individual lawsuits against some of the largest banks and debt collectors in the world including but not limited to:
- Bank of America
- Chase Bank, N.A.
- Citi Bank
- Comenity Bank
- Caliber Home Loans
- Express Stores, Inc.
- Nordstrom, Inc.
- Miramed Revenue Group
- GLA Collection Company
- Collecto, Inc.
- Bayview Loan Servicing
- Credit One Finiancial
- SLM Corporation
- Receivable Performance Management
- Accounts Recovery Bureau
- Linebarger, Goggan, Blair & Sampson
- Midland Funding LLC or Midland Credit Management
- Med1 Solutions
- Portfolio Recovery Services
- Las Vegas Athletic Club
- ADT, LLC
- Discover Bank
- Barclay Bank
- American Credit Acceptance
- American Express
- Rash Curtis and Associates
- Capital One Bank
- Northstar Location Services, LLC
- Select Portfolio Services