Litigation and consumer law attorney Nathaniel Clark was recently interviewed on the topic of phone call harassment from debt collectors. If you or a loved one has suffered from aggressive, unsolicited phone calls, call the Law Offices of Scott Warmuth today at 888-517-9888 for a free consultation and case evaluation. You may be entitled to compensation.
What type of telephone calls are we talking about?
Nathaniel Clark (NC): Calls from collection agencies. Credit card collectors, student loan collectors, business debt collectors – this law can apply to all types of debt collectors.
What exactly is this law and what does it do?
NC: This is a federal law designed to protect people from harassing telephone calls made with machines and pre-recorded messages. Most debt collectors use automatic telephone call machines that can violate this law. When debt collectors violate this law, known as the “TCPA”, they can owe you up to $1,500 per call.
What are these rules?
NC: First, if you never gave your number to the people that are calling you, then they are potentially already violating the law each time they call you. And remember, this could mean $1,500 dollars per call.
So its very important that I have either never given them my number, or alternatively, tell them to stop calling me. What else should I know?
NC: The types of cases where we can help you the most are ones where certain companies are calling you over and over. If you think a specific company keeps calling you over and over, this is the ideal case. If a company has only called you one time, it is probably not worth your time.
What if I have given them my number previously?
NC: Yes. You can call them back and tell them to stop calling you on your number. Tell them the number you want them to stop calling you on, and then be sure to document the date you had this conversation becasue this will be important in the future. It’s important that you know the date that you told them to stop calling, because every call after that could mean another $1,500.
So, if I never gave them my number, they may already be violating the law, but if I have given them my number in the past, I can tell them to stop calling me and again receive the protection of the law known as the TCPA and begin to receive up to $1,500 per call?
NC: That is correct.
Do you have any examples of cases your attorneys have conducted?
NC: Sure. First, let me say that our attorneys have seen results ranging from $20,000 to over $45,000—and that is just for telephone calls. In one case, a former student had a student loan that he could not pay. The collection company kept calling him for payment even after he told them to stop calling him on his cellular phone. Even though he asked them to stop, the company kept calling. In the end, the client not only received a cash payment of $10,000, but also had the student loan completely forgiven!