The TCPA and the Debt Collection Exemption: A Historical Twist
The Telephone Consumer Protection Act (TCPA) establishes regulations for telemarketing calls in the United States. One key provision restricts the use of automated dialing systems (autodialers) and prerecorded messages for telemarketing purposes. However, there used to be a complete exemption for debt collection calls, regardless of whether they used autodialers or prerecorded messages. This meant debt collectors could bombard you with robocalls without your consent.
In 2015, the FCC issued a ruling that seemed to solidify this exemption for certain government-backed debt, like student loans. However, this ruling was challenged in court and ultimately struck down in 2019. The court found the exemption violated free speech principles by favoring a specific type of communication (debt collection) over others.
The Current Landscape: Limits on Debt Collector Calls
With the 2019 court decision, the landscape for debt collector calls has changed. Here's what you need to know:
Robocalls to Cell Phones: Debt collectors are now subject to the same restrictions as other telemarketers regarding robocalls to cell phones. They cannot use autodialers or prerecorded messages without your prior express consent.
Pre-recorded Calls to Landlines: Debt collectors can still use prerecorded messages to call your landline, but there are limitations. They can only make a maximum of three calls within any consecutive thirty-day period.
Live Calls and Written Communication: Debt collectors can still make live calls to any phone number, including cell phones, and they can send written communication to collect debts.
It's important to note that these are the FCC regulations. There might be additional state or federal laws that apply to debt collection practices, so it's always a good idea to consult with an attorney if you have concerns.
Protecting Yourself from Unwanted Debt Collector Calls
Even with the current regulations, you might still receive unwanted debt collector calls. Here are some ways to protect yourself:
The Do Not Call Registry: While the Do Not Call Registry primarily applies to telemarketing calls, it's still a good idea to register your number. This can help limit calls from some debt collectors.
Debt Validation Request: By sending a debt validation request in writing, you can force the debt collector to provide verification of the debt. This can buy you time and potentially stop the calls if the debt is not yours.
Work with a Credit Counselor: A credit counselor can help you understand your debt collection rights and develop a plan to manage your debt.
Remember, you have rights regarding debt collection practices. By understanding the regulations and taking proactive steps, you can reduce the number of unwanted calls and protect yourself from harassment.