Debt Collectors can't call your cellphone?

[secondchances]

"Can Debt Collectors Call Your Cell Phone?

By Jay Fleischman, New York Bankruptcy Attorney on Oct 11, 2007 in Collection Issues, Consumer Protection, Debt Collector Abuses

Currently, debt collectors are not permitted to call you on your cell phone, nor can they send you text messages about your overdue bills.

Not surprisingly, our “friends” (and I use that term loosely) in the debt collection industry are looking for ways to change those limitations.

Debt collectors want federal officials to allow them to contact debtors by cell phone and e-mail. As Reuters reports, industry executives have been working hard to lobby the Federal Trade Commission. The FTC is considering whether changes are needed in the decades-old Fair Debt Collection Practices Act, and lobbyists are hoping to get them to include provisions permitting an expanded means of contacting consumers.

In an interview this summer, Roxanne Andersen, general counsel for ACA International, the nation’s largest collection trade group, told a reporter for the Seattle Post-Intelligencer that many debtors no longer have land lines, making it difficult for collectors to reach them. Ms. Andersen went on to say that, “the law needs to allow for communication in the way that people use technology today. That means e-mail, text message, voice-mail messages. It doesn’t mean we want carte blanche access.”

Will the FTC cave in to special interests who want to be able to hound you day and night at home, work and on your cell phone? Will it impact the way that consumers view their cell phones, currently the only way that many people can receive phone calls without worrying about who is on the other end? Only time will tell.

Source: Seattle Post-Intelligencer"

Here is the link to the article http://www.bankruptcylawnetwork.com/2007/10/11/can-debt-collectors-call-your-cell-phone/

[hiblues]

This 'violation' is not as cut and clear as the article implies,

if it were as solid and lucid as this

article states there would literally be

thousands if not millions of violations

every single day.

But,

no one is stopping you from filing a legal suit to

sue them if they do call your cell

..... let us know the outcome.

I'm interested in finding out what happens.

[secondchances]

I think that people may not even know they have rights where these violations, if indeed they are violations, are concerned. That is exactly why I am here posting about this issue and similar issues. I'm looking to create awareness for myself and others. I do know that using autodialers is illegal.

Obviously I am not going to file suit unless I know that I do indeed have a case or atleast very good grounds for one.

[Recovering Attorney]

The violation is of the TCPA, not the FDCPA. And if you gave the CA your cell, ( or, I guess the OC) or you called them from your cell, it would not be a violation,

[secondchances]

The violation is of the TCPA, not the FDCPA. And if you gave the CA your cell, ( or, I guess the OC) or you called them from your cell, it would not be a violation,

That is exactly what I have read too so far. I got my cellphone in June and would love to know how Asset the number because that debt is 6 1/2 years old! And I am certainly not stupid enough to try and call them and give them my number. I only communicate with collection agencies in writing. I have applied for new credit lately AND I did give some of my current creditors my cell phone number. But these are for debts that I have never even been late on or once again, simply applied for. If I could find out where Asset got the number, I wonder if I could sue the furnisher of that information? Especially since I have chosen to opt out of sharing my info.

So then would I sue them in small claims court for TCPA violation or FDCPA or both?

Thanks for your response.

[hiblues]

CA's have access to information.

Not only do they have access to your CR (which

may have your latest address and phone number)

But they also use special collection "Search engines" like Accurint, People Soft, and In Sight to name the most popular sites they use.

They can get your SS#, most resent addresses, and most recent phone numbers.. all provided by info you place on applications or forms.

and

if you attempt to sue them, remember they can sue you in return ......... so you have to be careful.

(unless the debt is OOS-out of statute-, than you are safe)

[secondchances]

I thought the privacy act prevented companies from sharing your information? All of my debts are out of the SOL so I am not worried about that.