Limiting Robocalls to Debtors

Have you been getting pre-recorded calls from debt collectors at various times of day? When you do not answer those calls, do you find long, empty messages on your phone’s voicemail? If you owe debts and have been receiving these types of calls, you are not alone. However, according to a recent article in Consumerist.com, debt collection “robocalls,” as they are known, are not currently illegal. As such, consumers throughout the Chicago area often are plagued by these kinds of phone calls, and many debtors simply do not know how to make them stop. If they do not violate the Fair Debt Collection Practices Act (FDCPA), what can we do to limit the number of robocalls being made each day?
As the article explains, robocalls were not always made with such frequency. Just last fall a “must-pass federal budget bill kicked down the barricade that has prevented government debt collectors from annoying millions of consumers with auto-dialed, pre-recorded robocalls.” However, there is not currently any proposed legislation that aims at closing the “loophole.” Given many parties’ frustrations with robocalls, the Federal Communications Commission (FCC) has indicated that it will adopt a notice of proposed rulemaking concerning these debt collection calls.
FCC Plans to Adopt Notice of Proposed Rulemaking
According to the article, analyses from the White House suggest that robocalls do not encourage consumers to pay their debts any more than do less frequent calls from individual debt collectors. Robocalls not only fail to bring in substantially more money on debts owed, but they also can result in a loss of revenue, according to the article. As such, the FCC’s proposed rulemaking would place certain restrictions on robocalls.
The FCC does not plan to make a rule that would eliminate robocalls entirely. Rather, in its notice of proposed rulemaking the “FCC has tried to bake in a handful of restrictions to keep this from becoming a free-for-all.” While private collectors may also consider robocalls as a method of debt collection, in this instance we are speaking of government robocalls or those placed by collectors who are working for the government.
Specific Restrictions on Robocalls Could Help Debtors
What types of restrictions does the FCC want to implement? The article lists the following:
  • Under the FDCPA, consumers have the right to stop a debt collector from calling them at certain times of day and in certain places (such as at work). The FCC wants to emphasize that the law also applies to robocalls, and consumers must be able to make clear that a robocall is not appropriate under consumer protection laws.
  • Robocalls could not be placed to friends or family members of the person from whom the government is attempting to collect a debt.
  • Only three robocalls per month could be placed to the alleged debtor.
  • The last of the restrictions would likely be the most contentious, particularly because “some debt collectors have been known to place more than three robocalls in a single day,” according to the article. We will need to wait until the comment period closes before knowing for certain whether these rules will be put into place.
In the meantime, if you have questions about your rights as a consumer under the FDCPA, a dedicated consumer protection attorney in Oak Park can assist you. Contact the Emerson Law Firm today to learn more about our services.
See Related Blog Posts:
Understanding Your Rights as a Credit Card User

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