Predictive dialer use can get you money

How would you know if they used a predictive dialer to call you though??

You answer the phone and a person is not on it.The telephone consumer protection act regulates this.Cell phones are a big no-no for any collection calls.Here is a link that discusses it in detail.

http://www.fcc.gov/cgb/consumerfacts/tcpa.html

You must be able to prove they had prior knowledge they were dialing a cell number. Good luck proving what they knew.

Guest they get the first call free when you inform them of this.Next one is payday.

To be completely honest I think that is a load of crap. I mean Im sure it's legit but with as many people who use cell phones as a home phone now I could see that rule changeing.

Also not all dialers will have that short space inbetween when someone picks up the call either.

Fyi I don't make the laws just inform others of them.The ACA did not get their requested exemption yet.Once person is informed of statute,they are liable to the tune of $500 per call. cause of action is filed in state court.Of course with your collection background you would know everything I am saying.

Ok, I don't mean to sound dumb but what in the heck is a predictive dialer? Another question: since you have to pay for minutes on your cell phone, if you ask a collector not to call your cell phone, do they have to abide by that? I had an internet pdl company that kept calling me on my cell phone and I asked them nicely to call my home instead but they kept calling my cell phone. Idiot me, when I filled out the app, they asked for a cell phone number so they could send reminder text messages and I actually put the number in.

Sass a dialer is a program that can make huge amounts of calls automatically. Your pdl company would not apply under fdcpa because they are lender & would also be ineligible under Tcpa because of existing relationship.Tcpa is a nifty law that I am still learning that can put some change in your pocket quickly.Myself I didn't want to be bothered by all this crap so I opted out of my bank,credit bureaus,and every creditor I have.

Ah, I see! Thanks for clearing that up for me cajun! Our mortgage co uses a dialer so I am familiar with them........just hadn't heard the term "predictive dialar" before :)

You do know you can opt-out of each creditors marketing lists and shut down those irritating calls.

Yeah.....I get very few of those calls because I have privacy manager on my home phone and they usually hang up first! Plus, our number is non-published :)

My number is published but every one of my creditors know that my phone number is for id verification or billing info only. After wife nearly cursed me out I had to set them straight and offer this option or close all the credit cards in one call.I don't owe any overdue bills so that is not a concern for me.

I've never even heard of such a thing! I think I have trouble keeping up with things..

I wonder how much such a thing would cost, and where would you get one?

My argument would be that collection calls fall into the two categories above that I . 1) By entering into a credit transaction, you have already given your prior express consent to be contacted regarding the account (unless of course you have sent a cease and desist, and the collector is bound by fdcpa). 2) Collection calls are not considered advertisements or solicitation.

I can't see this someone using these laws against a collector and winning. Please let me know if you find any such cases where a consumer has used this and won.

Debtcruncher you are overlooking that dialers are not allowed to dial cell phones.People can.

Seems to me that calls to a cell phone would be a violation of the fdcpa as well; you are having to pay for the call. It is using up minutes you paid for.

Cajun is right. As to telephone solicitors, put your number on the "Do Not Call List". The "opt-out" cajun mentions is also for credit reports. If you are tired of getting all those unsolicited credit card offers, etc. then opt-out. I did, and now get hardly any junk mail. It doesn't allow anyone except those with whom you have an account to look at your credit report, for personal information or credit standing.

You are correct as I have seen cases made on collectors for calling cellphones. After they are informed it is a cellphone,that number is off-limits.

I forgot to quote this part too:


A) if the autodialer leaves you a voicemail, then it didn't cost you anything. Unless you want to argue that retrieving the voicemail cost you money.

B) "Prior express consent" will play a big role in a judge's decision. When you knowingly give your cell phone number to a creditor, how can you not expect to get called on it when the account becomes delinquent.

My company doesn't use autdialers. But if I did, and a customer ever sued me over this and won, I would simply add a rider to the contract that says "You expressly authorize "lender" to contact you at any telephone number provided on your credit application, or which is found by investigation in the normal course of business, for any reason as it pertains to the opening, servicing, or collection of this account."

Here would be another part of my defense if I got sued over this:


Dialers that a collection agency uses do not fit the legal definition of an "auto-dialer" because they are not dialing random or sequential numbers -- rather they are only dialing #s that are part of their customer database.

You have some good defenses lined up Debtcruncher.

I have to think from both sides because I am a creditor for 8 hours a day.

When I was having credit card problems 3-4 years ago, yes I was getting all the pre-recorded calls. And yes, it was annoying. But since I knew I was delinquent, I expected the calls.

How can we not expect to get calls when our accounts are running behind? Quantity and content of those calls aside (that is a separate discussion), should we honestly expect that a creditor never calls us?

Without the "courtesy call", then the only option would be to send it right to the attorney for lawsuit.

Well I would expect the calls.It just seems that there could be a cap where they are allowed so many calls a day.I have seen many people here being called endlessly.I try to look at both sides,but excess calls burn anybody out.

what about a CA that keeps calling my company phone even tho the person they are looking for never worked for me nor do I even know who he is? - would that qualify as a violation if I have asked them several times not to call, etc. I have a message saved from them tonite matter of fact.

I understand what debt cruncher is saying, however, I thought the post was primarily about cell phones. I don't care how many times they call my home, but my cell is charged per minute and it gets really expensive if you continue to run over month after month due to so many frickin people calling it. I dont' even know how northland group and Credit Adjustment board got the number, but they have it and call it daily !

Dalfire -
The CA probably thinks you are lying, and just "covering" for the employee. However, under fdcpa, a CA should not be calling the employer if they have reason to believe the company does not allow its' employees to receive such calls.

Instead of trying to argue that the person doesn't work there/you don't know who they are, put them on notice that your company does not allow such communication in any form, even if the employee did work there. I have a letter to this extent in the following post: http://www.debtconsolidationcare.com/collection-agencies/about20852.html . Edit the letter to suit your situation.


Bflow30-
From my own perspective, and in reading the actual text of the Telephone Consumer Protection Act, there is an over-abundance of emphasis placed on "marketing/advertising/solicitation" within the scope and meaning of those laws. A creditor/CA calling your cell phone for legitimate business purpose is completely different than a telemarketer buying your cell phone number off some list and trying to sell you something. And I think that the law sees a difference as well.

This is not to say I am right and everyone else is wrong here. But I think we are jumping the gun a little bit by saying it is 100% illegal for a creditor/CA to call you with a pre-recorded message asking you to call them back. I think in coming to such conclusion, we are interpreting the law to fit our own subjective purpose because 'that is how we want the law to be written', when it really isn't written that way.

My company has about 5 different "corporate" attorneys that give us advice and direction any time a new law is passed, so that we can make sure we comply with it. We are also members of various trade groups that host seminars and meetings to discuss new trends/laws within the industry. In the last 8 years, this topic has never been addressed by either my attorneys or the trade seminars. I would think if this law really did apply to a creditor leaving pre-recorded messages on a cell phone, somewhere along the lines a keynote speaker or attorney would have said "By the way, make sure your dialers aren't calling cell phones..."

Ultimately it is up to a judge to interpret the laws. "The proof is in the pudding." Has anyone ever sued a CA on these grounds and won? I really don't know, but if so I would like to see it.

Most LA's contain language that allows the creditor to contact you at numbers you have provided them.