Debt Collection Auto-Callers & Your Cell Phone

by DeLadurantey Law Office, LLC on July 18, 2014

phoneIf you are receiving automated debt collection calls on your cell phone, it is not only annoying but it can also use up your precious minutes. The good news is that the Telephone Consumer Protection Act (TCPA) provides you with significant protections. It also provides that if a debt collector continues to contact you on your cell phone after you have revoked permission to do so, you may be entitled to $500 – $1500 per call.

There are many ways a debt collector can violate the TCPA, but some of the most common cases we are seeing involve calls to consumer’s cell phones without permission by the consumer. For example, the debt collector uses “robo-dialing” to call your cell phone. You will know the collector is using robo-dialing if there is a pause before you hear somebody talk to you. Another common example occurs when the debt collector uses a pre-recorded message or synthesized voice mails on your cell phone.

In Wisconsin, the case of Nelson v. Santander Consumer USA, Inc., is a great example of how the courts will hold debt collector’s accountable for their improper collection activities. In the Nelson case, Santander called Nelson’s call phone more than one thousand times and left pre-recorded voice messages an additional 116 times during a one year period. Santander was attempting to collect debt resulting from loans secured by four different vehicles. The U.S. District Court for the Western District of Wisconsin entered a judgment against Santander in the amount of $571,000 for its violations of the TCPA.

If you have asked a collector to stop contacting you and they continue to do so, you may be able to sue for up to $1,500 for each violation of the TCPA or other law. You may also be able to obtain an injunction against the debt collector. For more information, please read our blog titled “Are Debt Collectors Allowed to Call Your Cell Phone?”

If you are tired of being harassed by debt collectors, contact DeLadurantey Law Office, LLC for the guidance you need in protecting your rights and recovering your damages.
Contact The “Milwaukee Bankruptcy Attorneys,” DeLadurantey Law Office. LLC for all your Chapter 7 and Chapter 13 bankruptcy needs. Whether you need debt negotiations, student loan help, or debt relief, or even foreclosure defense, DeLadurantey Law Office will handles bankruptcy matters for the following location – Milwaukee, South Milwaukee, West Milwaukee, Waukesha City, Waukesha Town, Kenosha, Racine, and all other municipalities in Milwaukee County, Waukesha County, Kenosha County, and Racine County. DeLadurantey Law Office, LLC can be contacted by phone at (414) 377-0518.



Leave a Comment

Previous post:

Next post:

Attorney web design by The Rainmaker Institute