TCPA Compliance: Wrong Number Debt Collector Calls

If you have received annoying or harassing debt collection calls that are meant for someone else, your rights under the Telephone Consumer Protection Act may have been violated, and you may be entitled to compensation. As approximately 100 million telephone numbers are reassigned every day, wrong number debt collection phone calls may affect thousands or millions of consumers.

About the TCPA

Wrong number debt collector phone calls are covered under the Telephone Consumer Protection Act, which regulates the ways that debt collectors, businesses, and other entities may contact consumers. The act also regulates telemarketing calls, including pre-recorded calls or pre-written calls and text messages. The Federal Communications Commission (FCC) is in charge of ensuring that entities are in TCPA compliance.

However, according to the FCC, debt collection calls are not classified as telemarketing calls and are not subject to all of the same rules. In order to be in TCPA compliance, debt collectors who make calls to residential landline phones do not need to obtain prior consent from the consumer.

However, in order to make calls to wireless phones, they must have prior written or oral consent. Additionally, if these calls are made to a wireless number that has been reassigned, debt collectors must cease contacting the consumer now attached to the number.

TCPA Violations

TCPA violations may take many forms. The law requires debt collectors and other solicitors to abide by many rules when contacting consumers. Under the TCPA, solicitors are not allowed to call residential numbers before 8 a.m. local time, or after 9 p.m.

They are also prohibited from contacting numbers listed on the do-not-call registry. Additionally, callers must clearly identify themselves to consumers at the beginning of the call.

Exceptions to the TCPA include phone calls that are dialed manually and not by a machine, calls that do not include a pre-recorded message, calls made for emergency purposes, and calls that are made for a commercial purpose but do not include advertisements or other facets of telemarketing.

Solicitors who disregard these regulations when contacting consumers and are not in TCPA compliance may be subject to fines or litigation. Consumers who have had their TCPA rights violated may be able to sue for between $500 and $1,500 for each violation.

Why File A Debt Collection Lawsuit Under the TCPA

Reportedly, TCPA litigation has increased drastically in the last five years. Consumers are fitting back against the litany of robocalls and spam messages that they have received. Unfortunately, advancing technology has made it increasingly easy for members of many industries to contact consumers, and the debt collection industry is no exception. Calls from the debt collection industry can be particularly disruptive, because debt collectors are often persistent, and have been known to turn to scare tactics or deception to collect debt.

There are laws in the United States that specifically regulate debt collection. One such law is the Fair Debt Collection Practices Act. It regulates debt collection practices, aiming to prevent debt collectors from using immoral, deceptive, or abusive tactics to extract money from debtors.

However, the law does have some exceptions. If you are receiving debt collection calls over a kind of debt not regulated by the FDCPA, it may feel like you have no recourse. However, you may still have a legal claim through the TCPA, because the debt collector may still be subject to TCPA compliance.

For instance, the FDCPA covers the collection of mortgages, credit cards, medical debts, and other debts, including personal and household loans. However, the FDCPA only regulates debt collection by debt collection companies, not debts collected by the original creditor. Additionally, the FDCPA does not regulate the collection of business debts. If you are being hounded by an original creditor attempting to collect on a debt that is not yours, or by a creditor attempting to collect on a business debt owed by someone else, you may have a legal claim under the TPCA.

TCPA Lawsuit Cases

Over the past several years, intrusive telemarketing, solicitation, and wrong number calls have become commonplace for most people with cell phones. In response, the number of lawsuits regarding these calls has also increased. Between August 2015 and December 2016, the number of TCPA lawsuits reportedly rose by 46 percent.

Many TCPA lawsuits have resulted in multi-million dollar settlements for plaintiffs. A JP Morgan Chase TCPA lawsuit from 2018 resulted in a $2.25 million settlement, averaging out to around $5,000 per plaintiff. Other TCPA lawsuits have resulted in even heftier financial payouts. As victims of TCPA violations are eligible to receive up to $1,500 for each violation, a handful of phone calls may result in thousands of dollars for plaintiffs.

Proving Your TCPA Case

Consumers who wish to file a TCPA lawsuit regarding wrong number debt collection calls may find it helpful to keep records of these intrusive calls. Writing down the date, time, name of the caller, and subject of the call may be helpful. Saving call records and voicemails, and taking screenshots of any calls or texts may also be useful.

Join an Unknown Debt Collector Calls Class Action Lawsuit Investigation

If you’ve had a debt collector call your phone who was trying to reach someone else, you may be eligible to participate in this unknown debt collector calls class action lawsuit investigation.

Learn More

This article is not legal advice. It is presented
for informational purposes only.