General Discussion

Make sure your phone number is on the Do Not Call list.

https://donotcall.gov/

5 years ago I began researching mortgage/foreclosure/securities fraud and I couldn’t help but learn about the debt collection racket, telemarketing and the FDCPA and TCPA.

Please review both these laws, become familiar with what is lawful and unlawful action. Once you understand these laws, keep paper handy for notes, a digital camera, even a recording device. (If any person wishes to record a conversation, always state the intention and obtain consent.)

http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

You have a choice to make. You can remain passive and simply ignore your phone or perhaps use silent rings or other measures to lessen your annoyance with these unwanted and most likely unlawful calls, or you can make some effort and hold these companies accountable under the law and deposit checks.

Telemarketers were driving me nuts a couple years ago and I put up with it for several months. I’m a business person and over time I came view those calls as $1,000 under the law and $1,500 under the law. My view of these calls changed from that of an annoyance to one of opportunity. If these companies intentionally went out of their way to disrupt my day, why shouldn’t they pay me?

It’s simple enough with my phones, my phone records, my mailbox messages, and my digital camera to document unlawful calls made to me. I’m not an attorney, but it’s simple enough to file a Complaint at my local District Court explaining what happened stating facts and citing the section or sections of law I believe were violated. (The filing fee varies but is likely about $100)

In my experience over the past two years, once a consumer catches these companies violating law and files a Complaint, rather than defend a losing case, they are eager to settle and save themselves money.

If you sue for $1,000 under the FDCPA, settle for $1,500 which is still less costly than defending/fighting and losing. You are at least entitled to the amount of the damage plus your filing fee. Don’t worry about trebling the $500 on a TCPA violation. “Willfully” has been decided to mean "the defendant acted voluntarily, and under its own free will, regardless of whether the defendant knew that it was acting in violation of the statute.” So sue for $1,500 per call.

Attorneys fees are covered under the FDCPA but not under the TCPA.

I’ve deposited a few checks over the past year and tomorrow I will be filing two Complaints, one for $1,000 and the other for $4,000. Those TCPA violations can really add up.

I don’t get many nuisance calls anymore but I now look forward to them because it means a trip to the bank.

Thankfully we have laws to protect consumers – use them.