A topic for debate

[BTO429]

Does a  collection agency working for the OC have a prior business relationship as far as the tcpa is concerned? 

 

[admin]

Does a  collection agency working for the OC have a prior business relationship as far as the tcpa is concerned? 

What specifically are you referring to?

[nascar]

If you're discussing existing business relationship, you're necessarily limiting the discussion to calls placed to residential phone lines. See, for example, Linko v. American Education Services, No. 1:12-cv-355 (M.D. Pa. April 26, 2012)

[kutuzov]

No, but the card holder agreement normally states, that you consent to automated calls, etc, and people calling on behalf of the OC. For example Fingerhut card holder agreement states:

 

 

Consent to Use of Telephone Numbers. You expressly consent to receiving calls and messages, including autodialed and prerecorded message calls, from WebBank, Fingerhut, their affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers).

 

 

 

I like this one cause I use it every time I open an account I just change the beginning and say:

 

I remove any concent to ... and add at the end in a new paragraph:

 

I still give my express consent for xx, to call me at xx phone number, by a live person, or any other phone number I might provide in written at a future time.

 

 

That way there's no doubt that a CA is not protected by the card holder agreement because they are calling on behalf of the OC.

[BTO429]

Im talking about cell phone mostly....TCPA is not my strong point but I want to make it one of my stronger points .....

[nascar]

Im talking about cell phone mostly....TCPA is not my strong point but I want to make it one of my stronger points .....

 

Look up some of J. Scola's recent TCPA decisions in S.D. Fla. He is writing some of the most well-reasoned opinions out there.

[BV80]

In their 2008 Declaratory Ruling, the FCC stated:

 

"We conclude that the provision of a cell phone number to a creditor, e.g., as part of a credit application reasonably evidences prior express consent by the cell phone subscriber to be contacted at that number regarding the debt."