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Author: Sergei Lemberg
What To Do If a Collection Agency is Robocalling You
![Collection Agency Robocalling]()
General Rule: If a debt collector is robocalling you, you can demand an end to all communications by sending a cease-and-desist letter. If they do not stop, you can file a claim under the FDCPA.
Debt collectors will try many different tactics to get you to pay a debt. They have one goal, to collect on a debt. As a result, they will often use tactics that can be harassing to the person they are trying to collect a debt from.
Because this is a rampant problem with collection agencies, Congress passed the Fair Debt Collection Practices Act (FDCPA). This federal law holds debt collectors accountable for trying to harass and deceive consumers. Many of the violations under the FDCPA involve how a debt collector communicates with you.
In addition, a consumer has protection under the Telephone Consumer Protection Act (TCPA). Under the TCPA debt collectors have limitations on the use of robocalling. This practice is a great nuisance to many consumers.
The question though is whether robocalling is illegal. This article will help you understand robocalling and whether it’s a violation of the TCPA or FDCPA. In addition, you will learn different ways to end this harassing behavior.
What is Robocalling and When is it Illegal?
Sometimes a debt collector will keep calling you in an attempt to collect on a debt. Some debt collectors will even use robocalling as a tactic during the debt collection practice. Robocalling is the use of an automated system to deliver a pre-recorded message.
Under the TCPA, this is largely illegal. For example, a debt collector cannot make automated robocalls to your cell phone. It is also illegal to make robocalls to any number that you added to the National Do Not Call Registry more than 31 days ago.
It is also unlawful for a debt collector to use robocalls to contact any third party about your debt. The only purpose for calling a third party is to obtain your contact information. A debt collector cannot achieve this goal by robocalling them.
The FDCPA and Harassment: Robocalling and More
In addition to the TCPA, you have protections under the FDCPA. A debt collector can violate the FDCPA by using robocalling to contact you repeatedly. For example, if a debt collector uses robocalling to contact you 8 or more times in 7 days they have violated the FDCPA. The same is true if they use robocalling within 7 days of having a conversation with you about your debt.
One of the FDCPA’s overarching goals is to prevent all forms of harassment during the collection process. As a result, there are other scenarios where the use of robocalling may violate the FDCPA in addition to the TCPA.
Note: While the TCPA applies to any debt collector, the FDCPA has limitations. The FDCPA only applies to third-party debt collectors.
Can I Put a Stop to Robocalls from a Collection Agency?
Yes. There are fairly straightforward ways to stop robocalls and other communication.
The most direct way to stop these types of calls is to send the collection agency a cease-and-desist letter. When a debt collector receives this letter they must stop more than just illegal robocalls. They must end all communication with you.
Note: Just be aware, that stopping these calls does not cancel your debt. If you have a valid debt, you are still obligated to pay it. Otherwise, you should also dispute the debt they are contacting you about.
Another option is to add any of your phone numbers to the National Do Not Call Registry. If you are still receiving robocalls, you will have to take additional action. Here are other options to put an end to collection agency robocalls:
- File a Complaint. For violations of the FDCPA or TCPA, submit a complaint to the Federal Trade Commission (FTC). In addition, you can also report the debt collector’s illegal behavior to the Consumer Financial Protection Bureau (CFPB).
- Sue the Collection Agency. For continued robocalls, you may have to file a lawsuit against the debt collector. In addition to stopping them, a successful lawsuit will result in compensation. This includes real damages, statutory penalties and court costs.
- Request a Discounted Settlement. If you can present proof of the violation, a collection agency may consider negotiating a settlement with you.
Conclusion
A debt collector is not allowed to harass you to get you to pay a debt. This includes robocalling you and other abusive communication tactics.
If you find yourself the recipient of robocalling, try using any of the options above to put the illegal behavior to an end. If it continues, consider contacting a consumer rights attorney to see how they can assist you in resolving this situation.
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
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