Can a debt collector robocall me?

What debt collectors can and can’t do

Debt collectors are allowed to contact people about real debts, but how they do it matters. The TCPA, the federal law that controls automated calls, generally bars them from using an autodialer (software that dials on its own) or a prerecorded or artificial voice (a recording or computer voice) to reach your cell phone unless you gave written permission to be contacted that way.

So a live collector dialing you by hand about your own account is one thing. A system that auto-dials your cell and plays a recording is another. If you never agreed in writing to automated contact, those calls can violate the TCPA no matter how legitimate the underlying debt is.

The wrong-number trap collectors fall into

The most common violation isn’t subtle. The collector chases the wrong person. Phone numbers get reassigned all the time. Someone defaults, their number eventually goes to you, and the collector’s autodialer keeps blasting that number, now your number, about a debt you’ve never heard of.

That is so often illegal because consent has to come from you. The previous owner’s agreement (if there even was one) doesn’t transfer to you, and you never signed up for someone else’s debt. So when a collector robocalls you about a debt that isn’t yours, the consent box is empty, and each automated call can be a $500 to $1,500 violation. You don’t have to owe anything. Not owing the debt is what makes the case. See wrong-number debt collection calls.

Two laws at once: the FDCPA overlap

Debt-collection robocalls can run into two different consumer laws at once. The TCPA governs how the calls are made, such as the autodialer, the recording, and the lack of consent, and that’s where the $500 to $1,500 per call comes from. The FDCPA, the Fair Debt Collection Practices Act, governs collector behavior more broadly: harassment, calling at odd hours, lying about the debt, refusing to verify it.

You don’t need to sort out which law applies. Abusive automated debt calls often violate more than one rule at the same time, which can strengthen a claim. An attorney evaluating your situation will look at both.

What to do if a collector is robocalling you

A few steps make a real difference. First, tell them to stop, clearly, and note the date. If automated calls keep coming after that, they can be treated as willful, which pushes the damages toward the higher $1,500. Second, keep a simple log: the number that called, the date and time, and whether it was a recording or a live person. If they leave voicemails or texts, save them.

Then get a read on it. A free review with Max Morgan, Esq. tells you honestly whether the calls broke the law. If they did, he works on contingency, so there’s no fee unless you recover. Not sure if your situation counts? Start with do I qualify.

Related: Wrong-number debt calls · Calls after you said stop · Prerecorded call violations · Do I qualify?