Mr. Urbanski has filed a complaint in the US District Court for Middle District of Florida alleging that Enhanced Recovery has called him approximately 150 times on his cellphone. If Enhanced Recovery did not have Urbanski’ s permission to call him on his cellphone or even if it did and Urbanski revoked that permission, then Enhanced Recovery is in deep trouble under the Telephone Consumer Protect Act. Under this statute, a debt collector solicitor cannot call your cellphone without your express permission. Even if you gave permission at one time, you can revoke that permission.
Under the TCPA, a consumer can recover damages of $500 per call. If the consumer can prove that the calls were made willfully, he or she can recover $1,500 per call. Under the statute, the caller must be using automated telephone dialing equipment that is capable of calling phone numbers randomly or sequentially. Many debt collectors have such automated dialing equipment
Mr. Urbanski is not alone. Ms. Rios filed a similar complaint against NC Financial Solutions of California doing business as Netcredit for the very same thing. Debt collectors are notorious for calling people on their cellphones without their permission.
Mr. Malfa also filed a complaint under the TCPA recently against Stellar Recovery. He alleged that he revoked permission for Stellar to contact him on his cellphone but they continued to call him anyway.
What do these defendants all have in common besides violating the TCPA? Well, they may be in some pretty expensive trouble.
How can I revoke permission if I get calls on my cellphone?
The FCC ruled, in 2015, that a consumer can revoke permission by any method that is reasonable. If you are fortunate enough to reach a live person, you can simply tell them to stop calling you as this is your cellphone number. If not, you can send a fax, email or letter with the same information. The FCC has made it very easy for consumers to stop such calls.
How can I tell if a debt collector is using automated dialing equipment?
Have you ever had to say “hello” twice when you answer a phone because you were not sure if the calling party heard you? Well if that happens and you hear clicks before connected to a human or a robot, then there is a good chance that the caller is using automated dialing equipment.
If you hear dead air when you answer your phone, you are probably being contacted via automated dialing equipment.
If you are getting unwelcomed solicitation or collection calls on your cellphone, contact us at Michigan Consumer Credit Lawyers. Call Attorney Gary Nitzkin at (888) 293-2882 or email him at [email protected].