Are you receiving annoying or harassing robocalls on your mobile phone?
Robocalls include automated phone calls made using autodialers, as well as those that contain pre-recorded messages. This means that even if you receive a phone call from a live person, the call is still considered a robocall if it is made using an autodialer. The law specifically prohibits companies from using autodialers to call people. An autodialer is any type of equipment or computer software that dials phone numbers without human intervention. Even if a live person is on the other end of an unwanted call you receive, it is possible that the call was made using an autodialer. If you pick up the phone and are greeted by a pre-recorded message, the call was almost certainly made using an autodialer. In addition, calls made using autodialers frequently result in hang-ups or lengthy periods of “dead air” before a live person comes on the line.
You can stop these calls to your cell phone however. And if the calls don't stop, the collector must pay damages of $500 per call, $1,500 per call if willful. Congress passed a law called the Telephone Consumer Protection Act (TCPA) to govern telemarketing. However, it also applies to debt collection calls. These calls are legal ONLY if the debt collector has your permission to call your cell. You may have listed your cell number on the application for credit, or maybe the company trapped your phone number when you used your cell to call them. You may revoke consent, however, and you can do so either orally or in writing.
This also applies to unwanted texts form telemarketers.
In order to assist your attorney in evaluating your case, here are some tips:
- Make a log of robocalls you have received
- Save any pre-recorded messages you have received on your mobile phone
- Download your phone bills for the months in which you received robocalls
- If you are using a pre-paid phone, request copies of your phone records from your service provider (some make it available, some do not)
- If you withdrew express consent to receive robocalls, mark down the date and time you spoke with the caller.