Personal Injury Lawyer
A person can get a handful or more of incoming calls per day, and may eventually notice that the majority are either spam or from a debt collector. To make things even more confusing, these robocalls may have been intended for another person. If the consumer receives these calls in error, the robocalls may be only an inconvenience for a little while. However, at some point he or she may get fed up and want to know what they can do to make the calls stop.
What is a robocall anyway?
A robocall is what it sounds like, as the message on the line waiting for you when your phone rings is not a real person at all. Or perhaps it was a real human, but the voice was previously recorded so you aren’t able to engage in back-and-forth conversation. Robocalls are either automated or prerecorded messages from either a telemarketer, debt collector, or other institution.
What if the robocall was meant for someone else?
If the robocall was meant to reach someone other than you, then it is quite unlikely that you agreed to receive these calls. The number one way that a debt collector may violate a consumer’s rights, is when they were not given permission to receive robot messages. So essentially, this debt collector could be breaking laws on both the state and federal level that should be protecting you from such contact. For example, if the call was intended for another person who had your number previously, a robocall sent to your phone without your permission can be in violation of law.
Am I entitled to damages for these debt collection robocalls?
Yes, a consumer may be able to recover damages for being wrongfully hassled by debt collection robocalls. If this situation sounds like something you are going through, you may want to obtain legal representation as soon as possible. The more robocalls that are illegally sent to you, the more money you could be awarded in a lawsuit.
What if I gave the creditor my number, but not the debt collector?
Your original creditor who approved a loan or credit card may have given the collection agency your contact information, in order to attempt retrieving payments. If you provided consent to contact with the original creditor, then this may have transferred to the collector.
What are a couple things I can try first before meeting with an attorney?
If you are not the person the debt collector is looking for, contact the agency to notify them of this mistake. If you are the right person but do not want to receive robocalls, you can take back your consent. Call both the original creditor and debt collector to tell them you revoke your consent to be contacted by phone. It may be a good idea to also follow up in writing with a return receipt, and keep a copy for your own file. This way, you have proof that your request went ignored and can seek legal action with a strong case foundation if needed. Contact a lawyer, like a debt collection lawyer from the Law Office of Michael A. Ziegler, PL, if you need someone to represent you in dealing with a robocall case.