Personal Injury Lawyer

While debt collectors can contact consumers regarding money owed, they are not permitted to violate rights or break laws in order to do so. Sometimes a debt collector may take their efforts too far and end up harassing people with incessant and unprofessional reminders of payments due. Not only that, but debt collectors may utilize robocalls as means of communication. Consumers may not realize they have rights which are supposed to protect them from such treatment from debt collectors. 

Here, we have answered a series of questions that consumers may eventually ask themselves after becoming so fed up with the frequent pestering:

What is the definition of a robocall?

A robocall is defined as an automated phone call or pre-recorded voice message that is sent on behalf of a telemarketer, debt collector, political party, charity organization, bank, healthcare provider, educational facility, or other institution. Robocalls can be a useful tool when used appropriately. For example, a consumer may find they are thankful to receive a robocall when it comes to a prescription reminder, an upcoming appointment, a fraud alert for their account, or class cancellation.

Why have debt collection calls become so bothersome? 

Most people have awareness about when they are behind on certain monetary obligations, so the constant phone call reminders are probably not necessary. Additionally, debt collectors may not even hire real people to do the calling, so a back and forth conversation cannot be had. Instead, they may have set up an autodialer system that stores numbers and sends out messages through robocalls on a regular interval. Perhaps a call from a real person every month or so would be tolerable for consumers, but the unrelenting daily robocalls can be undeniably illegal.

Why isn’t my creditor calling me? Why have they turned to a debt collector?

It is possible that once a consumer is behind on payments, a creditor may request that a debt collection agency pursues payment for them. The methods debt collectors may use can be unethical, and border on harassment. What the creditor and debt collection agency may have failed to see, is that annoying robocalls may motivate the consumer to push back instead of making a payment. Trying to recover money by harassing consumers may not be successful.

How do I know whether my debt collector is violating consumer rights?

Debt collectors may do everything within their power to get payment from consumers, perhaps without much regard for whether the tactic is legal or not. If you are impacted by any of the following harassing behavior by a debt collector, you may want to talk with a lawyer,  for protection: 

• Receiving calls before 8 a.m. or after 9 p.m. 
• Threatening that you will be arrested if you do not pay your credit card bill, loan, or other debt obligation
• Contacting your family, friends, workplace, or other third party about the money you owe the creditor
• Sending robocalls to your cell, home, or work line despite requests not to (both verbally and in writing)
• Refusing to validate the debt despite requests from the consumer

Contact an attorney today to have an advocate on your behalf.