If your credit card balances are too high and you are unable to pay your credit card bill, there can be many consequences, including collections and a potential lawsuit against you to recover the outstanding balance.
Most consumers receive a large number of collection calls when they miss a credit card payment. Collection calls can last for months and there can be multiple collection calls times per day.
Many consumers receive collection calls from creditors such as credit card companies or collection calls from debt collectors. Excessive collection calls can interfere with your peace of mind, and abusive or harassing debt collection practices by unscrupulous debt collectors can lead you to believe the collector might take action the collector does not intend to take or not authorized by law.
If you are receiving unwanted collection calls, you have the right to instruct the collector not to call you anymore. Most consumers who miss a credit a card payment or default on credit card payments will receive a large number of collection calls, usually to their mobile telephone. There are several collection laws that protect consumer rights and permit you to instruct the collector not to call you anymore, including the Telephone Consumer Protection Act and Fair Debt Collection Practices Act.
If you have recently defaulted on credit card obligations, speak to a knowledgeable consumer attorney who can help you protect your rights and deal with credit issues. Our consumer attorneys help individuals in Arizona and Michigan and can help you stop collection calls. There are consumer protection statutes like the FDCPA and TCPA which allow you to sue the collector for violating collection laws. You may also be a candidate for debt settlement or bankruptcy. Please contact our office at (313) 415-5559 or use our contact form to schedule a free telephone consultation.
TCPA: Automatic Telephone Dialing System or ATDS
TCPA lawyers are familiar with the terms automatic telephone dialing system, or autodialers (ATDS for short). Collection calls or telemarketing calls from autodialers are often referred to as robocalls. But what is an autodialer?
The FCC defines an autodialer as equipment that has the capacity to dial without human intervention. Whether equipment is an ATDS is important for purposes of the Telephone Consumer Protection Act, which prohibits collection calls or telemarketing calls to a cellular telephone without the prior express consent of the person who is called.
An ATDS is “equipment that has the capacity to (a) store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers.” The FCC deems any equipment or software that has the capacity to generate numbers and dial them without human intervention an ATDS, regardless of whether the numbers called are randomly or sequentially generated or come from calling lists.
An FCC Declaratory ruling and Order that became effective on July 10, 2015 rejected the argument that an ATDS should be limited to a system that has the “current” or “present capacity” to dial numbers randomly or sequentially. According to the FCC, an ATDS includes equipment that has the “potential functionality” to dial randomly or sequentially. Under the FCC’s definition, dialing equipment generally meets the TCPA’s autodialer definition, even if it is not presently used for that purpose.
If you are receiving collection calls that include automated messages, the creditor or debt collector is probably using an autodialer. Autodialers are a tool used by debt collectors to make harassing collection calls that cause stress and interrupt your daily life. If you are receiving collection calls on your mobile phone, the TCPA allows you to put an end to these collection calls. If you or someone you know are receiving unwanted collection or marketing calls, contact our office at (313) 415-5559 to speak with a knowledgeable TCPA lawyer.