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Author: aj485 Big gold star, 5000 posts Feste Award Nominee! Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308881  
Subject: Debt collectors may have to pay if they call Date: 6/19/2014 7:47 PM
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There was a recent ruling that says that if debt collectors don't have express permission to call your cell phone, they may have to pay for every call they make. From http://blog.credit.com/2014/06/judge-debt-collectors-could-b...

Consumers who don’t want to be contacted by debt collectors on their cellphones may have a powerful new ruling on their side. It may not only help them stop these calls, but it may increase the chances that they can collect damages of $500 to $1,500 per call.

In a recent 11th Circuit case, Osorio v. State Farm Bank, the court reinforced restrictions under the Telephone Consumer Protection Act that, among other things, prohibit collectors from using automated dialing systems (more commonly known as “robocalls”) to call consumers on their cellphones without the consumer’s express permission.

he reason this ruling is significant is that in the past, some courts have been divided on whether consumers who have given their cellphone number to a creditor or collector can revoke that permission, and if so, whether they can do so verbally. In this case, the court opined that consumers who have given collectors permission to call their cellphones can revoke their consent verbally. “This is the only appellate opinion,” says Howard. “Although it’s not binding on someone in other parts of the country, it’s very persuasive,” he says.


So for those of you in the 11th Circuit jurisdiction (various areas of Alabama, Georgia and Florida), there is now a binding decision. For those of us in the rest of the country - it's not as clear, but it is a precedent.

AJ
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Author: xtn Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 308279 of 308881
Subject: Re: Debt collectors may have to pay if they call Date: 6/21/2014 11:08 AM
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That's super impressive. Except for the "verbally" part.

Quite frankly I think that's almost useless. It can only result in a he-said-she-said condition in court. It doesn't change the wise advice often given around this forum, which is to send a certified letter and keep good records. I suspect not too many people are going to collect damages or triple damages by telling a judge you told them not to call you anymore without some paperwork backing it up. It might happen occasionally, but I certainly wouldn't count on it.

Oh, and except for the fact that we can already make them stop calling with the right certified letter, and they already can't robocall cell phones without a prior business relationship, and we can already collect damages for violations. So the only difference is the "verbal revocation" part. And that's the part that isn't really worth much anyway they way I see it.

So it's not super impressive now that I think about it. Am I missing an angle? Should I be more impressed?

xtn

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Author: aj485 Big gold star, 5000 posts Feste Award Nominee! Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 308280 of 308881
Subject: Re: Debt collectors may have to pay if they call Date: 6/21/2014 12:21 PM
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That's super impressive. Except for the "verbally" part.

Quite frankly I think that's almost useless. It can only result in a he-said-she-said condition in court.


Well, there's an app for that! Recording a call, that is.

So it's no longer a 'he said, she said' thing, when you have a recording of you telling the collector to stop calling. From a Federal law perspective, you only have to have the consent of one party on the call to record it. Some states may require both parties to consent, so you'd need to check your state law if you plan on doing this. But if you ask permission of the collector to record the call, it's likely they'll hang up and won't call back. So, you can at least stop the collection calls, although you may not be able to make them pay.

AJ

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Author: xtn Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 308282 of 308881
Subject: Re: Debt collectors may have to pay if they call Date: 6/21/2014 5:16 PM
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Well, there's an app for that! Recording a call, that is.

So it's no longer a 'he said, she said' thing, when you have a recording of you telling the collector to stop calling. From a Federal law perspective, you only have to have the consent of one party on the call to record it. Some states may require both parties to consent, so you'd need to check your state law if you plan on doing this. But if you ask permission of the collector to record the call, it's likely they'll hang up and won't call back. So, you can at least stop the collection calls, although you may not be able to make them pay.


Gotcha. Submitting an audio recording of your verbal instruction not to call seems like it would be about the same as submitting your certified mail record of the same instruction. So an alternative, but not some great advantage, except as perhaps regards the ease/convenience of doing it.

I would definitely recommend considering the state law on telephone recording since most court cases brought against a bill collector by an individual are not likely to end up in Federal court.

xtn

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Author: determinedmom Big red star, 1000 posts Feste Award Nominee! Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 308287 of 308881
Subject: Re: Debt collectors may have to pay if they call Date: 6/22/2014 6:15 PM
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What annoys me are those calls from debt collectors looking for someone else. I had one calling my cell phone and it was maddening. It was every morning about 8:00 (and I sleep late). There were be a long pause when I answered then they would ask for someone I had never heard of. Eventually I blocked that number on Verizon.

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