How To Legally Stop Robocalls About Wrongful Debt
Are you constantly receiving harassing phone calls from people who are trying to collect money from you that you do not owe? This can be very frustrating especially if you have tried in vain to convince these creditors they are calling the wrong person. However, the Telephone-Consumer Protection Act allows you to fight back and legally stop these Robocalls about wrongful debt.
WHY YOU MAY RECEIVE WRONGFUL CALLS
Creditors may continue calling even after you explain everything to them as they are convinced you are their debtors. These calls may originate from mistaken identity confusion, fraud or an error by the company. However, most these calls begin when phone numbers are changed whereby people change their numbers and carriers with no notice. Carriers may then issue the previous numbers to fresh subscribers. This implies that the new subscribers will continue receiving calls from the former subscriber’s contacts, including the creditors.
The only legal way of stopping these calls is through the TCPA.
The act was passed in 1991 by the US congress and signed into law by the then president George W. Bush. This law amended the communication act enacted in 1934. This act restricts telemarketing (telephone solicitations) and use of any automated telephone machines, artificial/ prerecorded voice messages, automatic dialing systems and SMS.
GENERAL PROVISIONS OF THE TCPA
- The act prohibits solicitors from making cals to any residence before 8 am and after 9 am local time.
- The solicitors are also required to maintain a company specific DO NOT CALL’ list (DNC) of all customers who do not wish to be called. This list have to be honored for 5 years.
- The act also requires solicitors to respect the National DNC registry. This registry was prepared in 2003.
- Under the act, the solicitor must provide his/her name, the full names of the entity or person the solicitor is calling on behalf of, and the address and phone number through which the person/entity can be contacted.
- Prohibits any call for which the subscriber is charged for. Any call made from an automated telephone machine or an artificial/ pre-recorded voice to any emergency line are also prohibited under the TCPA.
- Prohibits auto-dialed calls that engage 2 or more telephone lines of any multi-line business.
- Prohibits unsolicited-advertising faxes.
If the TCPA is violated, the subscriber can sue for up-to $ 1,500 per violation or for any service that the subscriber is charged for. The subscriber may also seek an injuction.
Exemptions exists if the call are for an emergency, are informational or political.
It is also important to know that not all states have passed the TCPA. It is therefore very important to consult an attorney or research from the internet and find out whether your state has enacted the law.
Most people are unaware that they can use the law to stop these nagging robocalls about wrongful debts. This is especially after you have tried more amicable ways without success. It is your right to live peacefully without disturbances from some fake creditors. You are protected under the telephone-consumer protection act and all you have to do is contact your attorney today.