Debt Collectors and Text Messaging


Debt collectors contact consumers in many different ways, and they use numerous tactics to try to convince those consumers to pay money. In some cases, the methods debt collectors use may be unfair and unlawful under the federal Fair Debt Collection Practices Act (FDCPA). What about text messages? Are debt collectors permitted to send text messages to your smartphone or other mobile phone under the FDCPA? If they are allowed to send text messages, does the FDCPA or any other law regulate what those text messages can say?
We will tell you more about your rights as a consumer under the FDCPA and the Telephone Consumer Protection Act (TCPA) when it comes to debt collection and text messages specifically.
Can Debt Collectors Send You Text Messages?
On the broadest level, debt collectors are allowed to send text messages to consumers about debts. The FDCPA makes clear that debt collectors are permitted to text consumers as long as any texts sent are in compliance with disclosure requirements, similar to phone calls. The TCPA comes into play because it governs consumer rights in many instances with regard to telephone communication. Under the TCPA, text messages are considered to be telephone calls. Currently, a consumer does not have to provide prior consent in order to receive a telephone communication—including a phone call from an Automated Telephone Dialing System or a text message—from a debt collector.
As such, debt collectors are permitted to send text messages. Yet the CTIA sets standards for text messaging, recommending various practices to ensure that consumers are protected from any unwanted text messages. For instance, the CTIA recommends that any texts sent from a commercial text messaging service provide the consumer with an option to “STOP” or “UNSUBSCRIBE” when it comes to any future text messages. Additionally, text messages can not simply say anything with regard to debt collection. To be clear, any communication from debt collectors must be within the boundaries set by the FDCPA.
FDCPA Regulations for Debt Collection Communications
The FDCPA sets out clear limits for debt collection communication, including certain “time and place” restrictions, communications that constitute harassment, and communication when the consumer makes clear that she or he is represented by an attorney. Within communications, debt collectors cannot lie to you or use other deceptive practices.
According to an article from the Federal Trade Commission (FTC), one way that debt collectors can violate the FDCPA is through misleading, fraudulent, or deceptive text messages. For instance, a consumer could get a text message that says something like: “ALERT! YOU HAVE A PAYMENT SCHEDULED. CALL XXX-XXX-XXXX IMMEDIATELY.” Yet, as the article points out, most consumers who receive such texts do not actually have payments scheduled. It is important to know that, even when sending texts, not only are debt collectors bound by the FDCPA restrictions listed above, but in addition, “debt collectors have to tell you who they are, no matter how they contact you.”
Contact an Oak Park Consumer Protection Attorney
If you have been the target of unlawful debt collection practices, you should speak with an Oak Park consumer protection lawyer about your options. Contact the Emerson Law Firm for more information about how we help consumers in the Chicago area.
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