What You Can Do When a Debt Collector Won’t Stop Calling a Wrong Number

If a debt collector won’t stop calling your cell phone or land line even though you are not the debtor, the TCPA provides legal remedies.

A single call to you for a debt you do not owe can be an honest mistake on the creditor’s part, particularly if you have only recently been assigned a phone number. However, if you have informed the creditor that they have reached the wrong party and the calls persist, they are in violation of the Telephone Consumer Protection Act, a federal law, and can be held financially liable.

Why a Debt Collector Won’t Stop Calling

The most common reason for this annoyance, if you have no debt, is having a new number. What is likely to have happened is that whoever had the number prior to you either forgot to update their contact information with the creditor, or (as is more likely), had their number deliberately changed. In either case, you would think that simply informing the caller of the error would be sufficient – but this is not usually the case, even if a live agent agrees to flag your phone number as an invalid contact.

The primary reason for this is that the live human being with whom you speak has little control over the situation.

According to the Government Revenue Collection Association, debt collection companies employ what is known as a “computerized skip trace system” in order to track down those who owe money. What has happened is that the subscriber who had the number previously has listed it on credit applications, credit reports and other records – and for all their usefulness, computer systems are notorious for their inability to make critical value judgments.

Nonetheless, debt collection companies have a legal responsibility to insure that all of their records are accurate and up to date.

How the TCPA Can Help

The TCPA (Telephone Consumer Protection Act) of 1991 prohibits a business entity from contacting a consumer when the latter has requested in writing that all attempts at communication stop. Originally covering telemarketing calls, the Telephone Consumer Protection Act has been extended over the years to include all forms of electronic communication, including faxes, voice mails, emails and text messaging.

Your first step therefore should be to write a “cease and desist” letter when a debt collector won’t stop calling. Send it to the company via certified mail, and keep a copy. Legally, they can call you one more time after receipt of the letter in order to inform you of their next step – but beyond that, they may not contact you.

If they persist, your next course of action should be to file a complaint with the appropriate agencies, including the Federal Communications Commission, the Federal Trade Commission and the Consumer Financial Protection Bureau as well as your state’s Attorney General.

Filing a TCPA Claim When a Debt Collector Won’t Stop Calling

If the debt collector refuses to give up, it’s time to contact an experienced lawyer. A number of lawsuits have been filed against debt collectors in recent years that have ended in sizable judgments or settlements in favor of plaintiffs, such as a $10.8 million settlement against Cox Communications. As proof of your claim, make sure you keep records of all unauthorized collection calls, as these will help in proving your case. A specialized TCPA lawyer can guide you through the process of filing a lawsuit.

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.

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