A very rude woman called and woke up my ill mother numerous times. Looking for a person who does not live here. Can anyone give me pointers as to how to stop these calls. They are irritating the S(*t out of me.
Let them know the next time they call you will be taking legal action against them for harassing a non-debtor if the calls do not stop:
Under the TCPA, a consumer has a right to file a lawsuit and recover $500 for each call that violates the TCPA. The TCPA can also be used in conjunction with the Fair Debt Collection Practices Act in some situations.
Generally, the TCPA does not apply to debt collectors making collection calls to debtors. However, if you are subjected to calls from a debt collector and you are not the debtor, you may file a lawsuit against the debt collector under the Fair Debt Collection Practices Act (FDCPA) and the TCPA.
This right was recently recognized by Judge Legrome D. Davis in a case called Watson v. NCO Group, Inc. NCO Group is a debt collector that uses automated prerecorded collection calls. In this case, Mr. Watson alleged he was getting hundreds of calls from NCO Group after he got a new phone number. Mr. Watson claimed he owed no debt to NCO Group, Inc. Mr. Watson filed suit under both the FDCPA and TCPA.
David Israel, defense lawyer for NCO, argued that the TCPA should not apply to debt collectors. Judge Davis rejected the argument made by David Israel. The judge ruled that Mr. Watson had a right to sue NCO Group Inc under the TCPA for $500 for each call. Judge Davis wrote;
[The] Court is convinced that a non-debtor's rights are in fact violated when he is subjected to repeated annoying and abusive debt collection calls that he remains powerless to stop.
Judge Davis' ruling was based upon his interpretation that collection calls to non-debtors violate the privacy rights provided by the TCPA.
So what can you do if you receive "wrong number" calls from debt collectors?
1. Sign up for the Do-Not-Call registry.
2. Save the calls captured by your voice mail or answering machine.
3. Contact a consumer lawyer.
Collections
TCPA: What Is It & How Does It Affect You?
The Telephone Consumer Protection Act of 1991 (TCPA) does many things - including prohibiting debt collectors from calling your cell phone without your permission. Each unauthorized call could result in the debt collector paying you up to $1,500. Here's some helpful information on the Act and how it might affect you.
What is the TCPA?
The TCPA, which was signed into law in 1991 under the first Bush Administration and codified under 47 U.S.C. 227, prohibits calls using any automatic telephone dialing system or artificial or prerecorded voices to:
•Emergency telephone lines
•Telephone lines of any guest room or patient room at a hospital, health care facility, elderly home or similar establishment
•Telephone numbers assigned to paging services, cellular telephone services, specialized mobile radio services, other radio common carrier services or any service for which the called party is charged for the call
•Any telephone call to a residential telephone line
•Send unauthorized faxes
The only way that a caller won't violate the statute is if express consent has been given - and violations of the TCPA are steep. An unintentional call carries a damage amount of $500; an intentional call carries a damage amount of $1,500. That's per call and regardless of the purpose of the call. In other words, if they call you using an automated dialing system without your consent, they've violated the Act and you are entitled to damages.
How does it affect you?
Most debt collectors use automatic telephone dialing systems to contact debtors. You'll recognize this when you go to pick up the phone and there is a slight hesitation on the other end. In fact, most debt collectors are calling nearly 100 people at a time just waiting for someone to answer. Although many have stopped calling landlines, cell phones are another story. Since more and more people are using cell phones either instead of, or in addition to, traditional landlines, debt collectors are finding their cell phone numbers using skip tracers, calling them and hoping that they don't realize that the TCPA has been violated.