DEBT RELIEF LAW CENTER
Attorney N. James Turner Can Help
Stop The Harassment!
Have you received calls from debt collectors for a person completely unknown to you? These “wrong number” calls are usually the result of collection calls being made to the person who owned the telephone number immediately prior to you. What do you do? My advice is to tell the debt collector that you are not the person that they are trying to contact and ask them to stop calling. However, this common sense approach often does not work because in some cases, the debt collector does not believe the person that she/he spoke with. Stated another way, the debt collector may believe that the person called was actually the true debtor and was trying to avoid the call by saying that it was a “wrong number.”
The Debt Collector Continues to Call After Being Told to Stop
If the debt collector keeps calling after being have told that they have the wrong number, in this author’s opinion, the calls constitute harassment under the Fair Debt Collection Practices Act.
Telephone Consumer Protection Act (TCPA)
In addition, the “wrong number” calls could be in violation of the Telephone Consumer Protection Act (TCPA). The TCPA prohibits calls using a pre-recorded or artificial voice to deliver a message to a consumer unless there is a previous business relationship or consent for the call by the consumer. With most calls made by the debt industry to a consumer, the previous business relationship between the creditor and the consumer is sufficient to allow the debt collector to utilize a pre-recorded message. However, with wrong number collection calls, such a previous business relationship is lacking. Bringing suit under the TCPA premised on wrong number debt collection calls can result in substantial claimed damages. The TCPA provides for a statutory penalty of $500.00 per call and that amount increases to $1500.00 per intentional violation.
STARTED SINCE 1990
Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of debt collection harassment by debt collectors and auto fraud, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.