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February 1, 2020 by PILLI Law

Taking Action on Illegal Robocalls from a Debt Collection Agency

Personal Injury Lawyer

When a consumer knows they have debt, it tends to hang over their shoulders and is not easily forgotten about. To make matters worse, a debt collection agency may be relentless in contacting the consumer about an amount owed. A person may receive dozens of calls per day, from an automated or pre-recorded voice message. As soon as a person picks up their phone, they may realize the voice on the line is not from a real live human, but a robot instead. Any person who has received a call from such a robot or previously made recording has experienced a robocall. 

Are robocalls from a debt collector such a bad thing?

Robocalls from a debt collection agency may become not only annoying but unlawful. An agency has to be aware of how often they are contacting consumers and in which manner, as it is possible for a person to take legal action if it has gone too far. While some consumers may like reminders that they need to make a payment for a debt, the majority probably do not need a handful a day.

Why don’t debt collection agencies just use a real person?

The use of robocalls can be strategic, because if enough of these robot messages are sent every daily, it may push a consumer to make a payment simply out of pure annoyance. It may also cost more for the agency the pay a person to make these calls, versus getting a computer system to do it instead. 

How do I know whether robocalls are violating my rights?

Depending on your state laws, there may be certain actions that a debt collection company is not able to do when contacting you regarding debts owed. The primary focus is whether or not the agency was granted permission by the person to get robocalls. An agency may intentionally be misleading, so a consumer doesn’t know when they have in fact given permission. For example, if a consumer does any of the following, the agency may deem its consent and continue making robocalls: 

  • When applying for a personal loan, home loan credit card, or another loan, the consumer listed a cell phone number on the paperwork
  • When updating his or her information in regards to a loan, the consumer added a cell phone number to their details
  • The consumer had actually given verbal approval to receive robocalls

Are robocalls sent and monitored by real people?

In most cases, a robocall is sent without any assistance from a real person. Robocalls are commonly sent through auto dialers, which store and make calls as needed through a computerized system. There may be instances where a robocall is delivered and the consumer hits a key prompt to speak with a representative, but only then it may be forwarded to a real person.

What should I do if I cannot get these robocalls to stop?

It may be time to seek legal assistance if the calls do not halt despite the consumer doing everything they can to handle the situation. It may require intervention from an attorney, like a Debt Harassment Lawyer, for the agency to finally stop. A consumer may be entitled to financial compensation for every illegal robocall they received from the agency. 

Filed Under: Personal Injury Tagged With: Personal Injury Lawyer

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