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.