If they were robo-dialing your cell phone, you can take them to court and sue them for calling your cell phone without consent under the TCPA (Do Not Call) laws.
Portfolio Recovery Associates currently has a class action lawsuit filed against them for TCPA violations in the Georgia courts for calling a woman on her cell phone and without her permission:
ATLANTA, GA--The law firm of Turner Law Offices, LLC has filed a Class Action lawsuit against Defendant Portfolio Recovery Associates, Inc. ("PRA") in the United States District Court for the Northern District of Georgia on behalf of all persons in the State of Georgia who, since October 28, 2010, received a non-emergency telephone call from PRA to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice and who did not provide prior express consent for such calls during the transaction that resulted in the debt owed. The action is captioned Kimberly Bartlett v. Portfolio Recovery Associates, Inc., and is numbered 11-CV-00624.
According to the Complaint, PRA violated the Telephone Consumer Protection Act ("TCPA") by using automatic dialing systems or an artificial or prerecorded voice to contact cell phone users about purported debts without their prior consent. As described in the Complaint, Ms. Bartlett, the named plaintiff in the action, was repeatedly contacted since October 28, 2010 on her cell phone about a purported credit card debt. The plaintiff never consented to those calls, nor did she provide PRA with her telephone number.
Under the TCPA, PRA could be ordered to pay attorneys' fees, litigation expenses and costs of the lawsuit, and statutory damages of $500 for each negligent violation, and/or $1,500 for each knowing and/or willing violation. According to the Complaint, the potential Class Members are estimated to number in the tens of thousands. For further information please contact:
Henry A. Turner
TURNER LAW OFFICES, LLC
(404) 261-7787
[email protected]
www.tloffices.com