(Excerpt from our newsletter at www.deltacreditrestoration.com.)
If you recently got a new cell phone number, you may find yourself getting auto-dialed by the previous owner’s debt collectors. The Seventh Circuit Court ruled that the behavior of debt collectors auto-dialing old numbers of people they are trying to collect from with pre-recorded messages makes them liable for damages. This does not pertain however to phone calls made by a person, or auto dialers to land lines. The Courts ruled that these machines “lack of human intelligence” and to repeatedly dial a number whereby the end user could face per-minute fees presents a much different outcome than calling on land lines where there is no per minute charge.
Also in this ruling, clarification on “expressed consent” was given a prerequisite of having been given from the “called party”. If you, the new owner have not expressed consent to their calling– sometimes assumed by having an existing relationship, the debt collector cannot autodial that number in attempt to collect a debt without first making that call with a live person to verify that it is the correct number.
Also, if you have a collector calling you (especially at your place of employment) and you have expressed a cease and desist (an order to stop calling you), this is also an option for seeking damages PER CALL.
If you are getting harassing calls on your cell phone pertaining to a debt, you are encouraged to reach out to Delta Credit Restoration.
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