More and more debt collection agencies are leveraging automated robocalls to make debt collection efforts. This has made it increasingly challenging for individuals to differentiate between legitimate calls and unsolicited (and, quite often illegal) ones.
Many people targeted by these robocalls for payments or alleged debts may not realize they’re automated. Understanding how to recognize these calls can empower consumers to protect themself from unfair practices.
The Telephone Consumer Protection Act (TCPA)?
The TCPA was made a federal law in the early 1990s to regulate telemarketing calls, including the use of prerecorded messages and automated dialing systems. The TCPA aims to shield consumers from invasive and unsolicited communications. The law prohibits:
- Businesses from making unsolicited communications with customers using an automated system
- Telemarketers and debt collectors from calling numbers listed on the National Do Not Call Registry
- Unlawful use of autodialers and prerecorded messages to contact consumers without proper authorization
Debt collection agencies must comply with the TCPA and other regulations, such as the Fair Debt Collection Practices Act (FDCPA). These regulations help to protect consumers from abusive collection tactics.
Signs of automated, unsolicited robocalls
Consumers should know that calls from unknown or spoofed numbers are red flags. Spoofing disguises the caller’s true identity by displaying a local or familiar number to increase the likelihood of the consumer answering.
Suppose a consumer picks up a call and hears a robotic voice instead of a live agent; they are likely dealing with a robocall. These messages may claim to be urgent or demand immediate action. Automated systems often bombard recipients with repeated calls, sometimes even outside permissible hours (8:00 a.m. to 9:00 p.m. only).
When receiving a call, consumers should know that a legitimate debt collector must provide information about the debt. If the call does not provide details about the original creditor and the amount owed, this might be an automated call. Robocalls may skip these details or provide vague, unverifiable claims. Instead, robocalls are programmed to include messages that threaten:
- Legal action
- Arrest
- Wage garnishment
Consumers should know that, without proper verification, these threats are likely illegal attempts to coerce payment.
Robocalls from debt collection agencies can be more than an annoyance—they may constitute violations of a consumer’s rights under the TCPA. Recognizing the signs of illegal robocalls and seeking legal guidance can empower consumers to take control of their situation.
