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Florida Business Litigation & Insurance Coverage Law Blog

Friday, December 26, 2014

Collection Calls For Others Are TCPA Violations to You

Collection Calls for Others are TCPA Violations 

One question I often receive from clients relates to collection calls for another person.  Are collection calls for another person a violation of the TCPA to YOU, the party that received the call?  The simple answer is a resounding "Yes."  TCPA violations apply to the "called party," regardless of whether they are calling about your debt or someone else's.  This makes sense because the TCPA is all about protecting people from harassment.  In fact, TCPA violations for calls looking for others or relatives is even an easier case to prove than when collectors are calling for you.  I'll explain why. 

As I often explain to my clients, a TCPA violation has three main elements: 

  1. An automated call (it can be a pre-recorded voice or a call by an auto-dialer or robodialer);
  2. to your cell phone;
  3. without your consent

TCPA violations are that simple.  Usually the first two elements are pretty easy to determine.  If there's a recording on the other end of the line, a "press one" message, or a delay when you answer and before the other party speaks, chances are that it's an autodialer. Determining whether they are calling your cell phone is even more simple. The consent element is often the tricky part. 

Calls for Relatives are TCPA Violations

However, if someone is calling to collect a debt from a relative or a person that you do not know, then the lack of consent element is clearly met.  You see, consent to call is often given when you sign up for a debt or click on a user agreement when applying for a credit card online.  But if you never sign up for service or a credit card, then you could not have given consent.  Thus, collection calls for relatives or others are often the easiest cases to prove.  

So, when the bank autodials your cell phone looking for Uncle Ricky, that is a violation to YOU.  You are the person that is entitled to sue for $500 per call.  Tell them to stop calling. Tell them that they have the wrong number.  Log all of your calls to document the TCPA Violations. Follow the example call log in our previous TCPA article here.  Then call us and let us get you the money that you deserve. 




The Davis Law Firm is located in Jacksonville, Florida and serves clients throughout the states of Florida and Georgia, including Jacksonville, Miami, Pensacola, Orlando, Tampa, St. Petersburg, St. Augustine, Fort Myers, Daytona Beach, Panama City, Destin, Melbourne, Fort Lauderdale, West Palm Beach, Tallahassee, the Florida Keys, and everywhere in between.



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