Fighting Fire with Fire

Debt collectors have taken the leap from business to industry. Many are using time and labor saving techniques to increase their calling capabilities while reducing overhead. The use of automated dialing systems and recorded messages help the debt collectors to ensure that their employees will always have a live call on the line.

Many of our readers have answered a call on their cell phone from an unknown number only to hear, “Please hold for a very important message.”  If you have ever received one of these calls and stayed on the line, you may have been transferred to a live person informing you that you have a past due bill.

While this may seem like an efficient way for the debt collectors to conduct their business, it could be against the law. If the consumer is being called on a cell phone and she did not provide the cell number to the original creditor when the debt was incurred or has never given explicit consent to receive recorded messages on the cell phone, the debt collector and the creditor could be liable for up to $1500 per call.

Once suit is filed, the consumer can use the rules of discovery to gather evidence to prove the debt collector was using an auto dialer or recorded message. However, the discovery process can be slow and expensive. To offset these costs and speed up the process, consumers can use the same technological advances to catch the debt collector in the act.

Consumers who use IPhones or phones using the Android operating system can download free apps which automatically record incoming phone calls. Once the call is complete, the operator has the option of deleting unimportant phone calls, or saving the annoying (and illegal) phone calls from telemarketers or debt collectors.  Documenting the calls and the consumers request for the calls to stop can greatly reduce the discovery required to prove the nature of the calls, the identity of the caller, and the knowledge and intent of the caller.

Not only will this information save litigation costs, it can also increase the amount of statutory damages. For more information and assistance in fighting law breaking debt collectors contact the attorneys at Arguello Law Firm today.