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.
See Related Blog Posts:

Comments

Post a Comment

Popular posts from this blog

Payday Lending and Predatory Lenders in Illinois

If you are in substantial debt in the Chicago area and are living in a paycheck-to-paycheck cycle, you may have taken out a payday loan to make ends meet. While payday lending is illegal in a number of states due to the predatory nature of these loans, it remains legal in Illinois. As a result, many debtors in the state have used payday lenders, and far too many of those borrowers cannot repay what they owe. According to a recent article from Progress Illinois , consumers have filed complaints about payday lenders in the state, illuminating a need for federal rules that address harmful lending practices . Predatory Payday Lenders and Protections for Consumers Due to the perceived predatory nature of payday loans, twelve states in the country have banned these lenders from operating completely, according to a fact sheet from loans.org . The states that currently have laws prohibiting payday lenders from operating include Arkansas, Arizona, Connecticut, Georgia, Mary...
Read more

Phantom Debt Collection Scams on the Rise in Illinois

Have you been contacted by a person claiming to be a debt collector who is seeking to recover a debt you allegedly owe? If so, you are not alone. According to a recent report from CBS Chicago , such parties claiming to be debt collectors are on the rise, and they are scamming Chicago-area residents. These alleged debt collectors are part of schemes known as “phantom debt collection scams,” since they involve the attempt to collect on a debt that the consumer does not actually owe. How can you avoid becoming a victim in a debt-collection scam ? What should you do if you have been targeted by a fake debt collector? How Do Phantom Debt Collection Scams Work? Now, you might be thinking to yourself: I would never agree to make payment on a debt that I did not owe. But the scam is not always that simple. Parties at the center of debt-collection scams often target consumers who do actually owe debts (to someone or to some entity), and they prey on the fact that these c...
Read more

New Information on Debts That Bankruptcy Cannot Discharge

If you are thinking about filing for bankruptcy in the Oak Park area, it is important to know that certain kinds of debts cannot be discharged in a bankruptcy case. Under U.S. bankruptcy law, these are known as non-dischargeable debts, or exceptions to discharge. There are certain types of debts that have long been identified clearly as non-dischargeable debts, while there are misconceptions about other types of debts that may or may not be dischargeable. As an article in CNBC discusses, the U.S. Supreme Court recently issued a ruling in the case of Bartenwerfer v. Buckley , which clarifies that debts incurred due to another party’s fraud cannot be discharged in an individual’s bankruptcy case. Our Oak Park bankruptcy attorneys can explain the Court’s recent ruling and provide you with additional information on dischargeable and non-dischargeable debts. Supreme Court Says Debt Incurred Due to Another’s Fraud is Non-Dischargeable The recent Bartenwerfer case involved a debtor attempti...
Read more