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Debt Collectors: Using Robocalling to Seek Payment from Consumers

Personal Injury Lawyer

The majority of consumers who are in debt, probably already know it. Knowing you owe money to an agency whether that be through a credit card, personal or student loan, is not an easy thing to forget. Most of today’s consumers are in some sort of debt, whether it be on the smaller or larger scale. The last thing a consumer likely wants is a daily reminder that payment is owed. In order to reach as many consumers as possible who owe money, an agency may use robocalls to seek payments. Here we have gone into further detail about what exactly a robocall is, and when a consumer may need to obtain legal assistance.

What is a robocall and auto dialer?

Robocalls are automated or pre-recorded voice messages which are sent to the consumer through an auto dialer. When a debt collection agency uses an auto dialer, this means they have a computerized software of machine that stores numbers and makes regular calls without assistance from a real person. Receiving pre-recorded messages for debt on a daily basis, and even perhaps multiple times a day, can truly become interfering and annoying for the consumer.

Why don’t debt collection agencies just use real people?

Debt collection agencies are primarily focused on making money. So, it can be more cost effective to have a computer system send out calls versus a real person. A human being could not keep up with how many calls that a robocall could accomplish in the same period of time.

Are robocalls ever illegal?

Yes, there may be instances where the debt collection agency is sending robocalls to a consumer unlawfully. The primary way that an agency may break the law is by not obtaining consent from the consumer first, to receive these robocalls. A consumer may feel tricked when they realize that they did give consent, and didn’t even know it. For example, if the consumer listed his or her cell phone number when applying for a loan with the agency, this may be deemed as permission to contact.

How do I know whether my debt collection agency is breaking the law?

The best way to know whether these pesky calls from your debt collection agency are illegally or not, is to meet with an attorney, like a debt collection lawyer, who is familiar with such situations. More attorneys are becoming knowledgeable on what robocalls are, since such forms of contact have greatly increased in recent years. Most consumers receive a robocall of some sort, whether that be through debt collection, a scam (such as claiming the consumer won a contest or sweepstakes), or from a company soliciting services to make money. These calls can be quite irritating, and consumers may realize that legal action can be taken.

Are all robocalls out to scam me or take my money?

It is important to note that not all robocalls are out to scam consumers. A consumer may receive a robocall from their health care provider about an upcoming appointment or prescription refill reminder. These messages can be helpful and are aimed for that consumer specifically.


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