The Telephone Consumer Protection Act (TCPA) is a vital federal law designed to protect consumers from unwanted telemarketing calls, robocalls, and unsolicited text messages. Understanding potential TCPA violations in the context of post-repossession communications is crucial for consumers.
This article aims to illustrate two common TCPA violations that may occur during post-repossession debt collection. By familiarizing themselves with these, consumers can recognize their rights, take appropriate action, and protect themselves from unlawful communications.
If you believe that you have been the victim of such a violation, do not hesitate to contact Thompson Consumer Law Group today. We can review your case free of charge and commitment to let you know whether you should seek compensation for your damages.
Read More About: What Happens if the Repo Man Takes the Wrong Car?
Robocalling Without Prior Express Consent
Under the TCPA, debt collectors are generally required to obtain prior express consent from consumers before making calls using automated dialing systems or prerecorded messages. If a debt collector calls a consumer after repossession without having obtained their prior express consent, it would be a TCPA violation. Consumers have the right to refuse such calls and should consider informing debt collectors of their consent revocation in writing to reinforce their position.
Read More About: The Power of Evidence in Unlawful Repossession Cases
Sending Text Messages Without Prior Express Consent
Under the TCPA, debt collectors are generally required to obtain prior express consent from consumers before sending text messages related to debt collection. If a debt collector sends unsolicited text messages to a consumer after repossession without having obtained their prior express consent, it would be a TCPA violation. Consumers have the right to refuse such text messages and should consider informing debt collectors of their consent revocation in writing to reinforce their position.
Failure to Honor Opt-Out Requests
The TCPA mandates that debt collectors and telemarketers provide an opt-out mechanism during each call, allowing consumers to request to be added to their internal “Do Not Call” list. If a consumer explicitly requests to opt-out of further communications and the debt collector continues to contact them afterward, it would be a TCPA violation. Consumers should keep a record of their opt-out requests and any subsequent communications received to provide evidence of the violation if necessary.
The TCPA Limits Post-Repossession Robocalls and Collection Texts
Recognizing potential TCPA violations empowers consumers to assert their rights, take appropriate action, and protect themselves from unlawful debt collection calls. Calling without prior express consent and failure to honor opt-out requests are common TCPA violations.
Consumers should be vigilant, refuse unwanted calls without prior consent, and assert their right to opt-out of further communications. By understanding their TCPA rights, consumers can navigate post-repossession debt collection with confidence and ensure fair treatment in communications.
If you think a debt collector has violated your TCPA rights, claim your free consultation with Thompson Consumer Law Group. Our legal team will review your case and guide you through the legal intricacies of these violations, as well as the types of damages that you can seek. Get in touch with us today!