Protecting the Rights of Consumers
For Over 25 Years
Edelman Combs Latturner & Goodwin LLC
Question: I was used as a credit reference by a friend. He provided my cell phone number to the creditor. I didn’t realize this at the time. After he got behind, the creditor started making automated calls to me twice a day. Can I do anything?
Answer: Automatically dialed calls to a cell phone are illegal unless you (or someone authorized to act with respect to your cell phone account) gave out the number. There are substantial damages for noncompliance ($500 to $1500 per call) under the Telephone Consumer Protection Act. If you send a letter to the creditor (suggest fax or certified mail so you have proof of delivery) telling them to stop calling and they persist, you are more likely to get the higher number.
If the calls are from a third party debt collector, they also violate the Fair Debt Collection Practices Act.
Our firm has brought hundreds of cases under this law, which also regulates telemarketing, spam text messages, and junk faxes.