Telephone Consumer Privacy

Have You Received A Robocall, Automated or Autodialed Voice Call or Prerecorded Message?

You May Be Entitled To Money Damages!
Call (702) 608-4232 Today

Robocalls, automated or autodialed voice calls frequently consist of unsolicited, unauthorized or unwanted voice or pre recorded messages made by an autodialer or automatic telephone dialing system (“ATDS”) typically designed to advertise the caller’s products or services or for debt collection purposes.

The Telephone Consumer Protection Act (“TCPA”) generally makes it unlawful for any person to make a call without prior express consent using any automatic telephone dialing system or an artificial or prerecorded voice to any telephone number.  Virtually all debt collectors utilize ATDS technology to make calls, as do nearly all telemarketers.  TCPA provides statutory damages for each violation ranging from $500-$1,500 for each call, and requires the offending party to pay for the consumer’s attorneys fees and costs of suit should they prevail. Suits must be brought in good faith, you may have to pay the opposing parties’ attorney fees and costs in the event of a loss.

Example of a Robocall :

“This is ABC collections and we are calling about a debt, please hold while we transfer you to a representative”

Example of a Pre-Recorded Message:

“This is ABC marketing and we want to help you sell your car, call us back at 111-2222”

If you received a robocall, automated or autodialed voice call, you may be entitled to recover money damages individually or in a class action lawsuit.

To learn more about illegal debt collection practices and TCPA violations, click  here to watch Attorney Tara D. Newberry’s recent interview on Fox5.

 

Illegal Recording of Calls
Nevada is a two party state.  Which means, that in order to record a conversation, you must have the consent of the other party.  So if a debt collector calls and begins asking you questions and then tells you they are recording the call, the law has been violated.  They need your consent prior to recording the call.  Often, a debt collector will say “this call may be recorded for quality assurance” the courts are split on whether the statement is sufficient because they really should be saying “this call is being recorded and will be used for debt collection purposes.”  Regardless, if a warning or disclaimer is given and you continue to speak with them, most courts will find that they had your consent.  But if they don’t tell you its being recorded or don’t tell you until the end of the call, then it is a violation.

What Should Consumers Do?

  • Keep a notebook by your phone, and record the number the call is received from, time and information related to any debt collection call.  If you speak with anyone, ask for the person’s name & company name, employee id if they refuse to give a full name, mailing address and return phone number Do not give them your personal information, identity thieves often pose as debt collectors to get sensitive information such as date of birth, social security number, current address, etc., and you are not required to provide the debt collector with any of this information.  
  • Tell the debt collector not to call you and to only communicate with you in writing.  Then send them a letter to the same effect.
  • Save any and all voicemails, and keep copies of your detailed phone records showing the date and time of calls.
  • Take a picture of your caller ID when you receive a call to prove date and time, also if it says “blocked” or “unknown” (as debt collectors often do this to “trick” you into answering) this too violates FDCPA.
  • If the  calls are abusive or touch on any of the points above,or if additional contact is made after you advised in writing that you only want to be contacted in writing, contact an attorney.