FCC Rules Creditors, Collectors May Call Cell Phones with Autodialers, Prerecorded Messages
The regulator determines that a consumer gives "prior express consent" for such calls when providing his number as part of a credit application.
Creditors and collectors may use autodialers and prerecorded calls to contact consumers on their mobile phones, the Federal Communications Commission announced in a ruling handed down today.
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In its ruling reached on Dec. 28, the FCC determined that autodialed and prerecorded calls made to wireless numbers provided by the called party in connection with an existing debt are made with the “prior express consent” by the called party
Providing a creditor with a cell phone number during a credit application “reasonably evidences prior express consent by the cell phone subscriber to be contacted at that number regarding the debt,” the FCC wrote.
Prior to this ruling, the Telephone Consumer Protection Act (TCPA) had generally prohibited auto-dialer and prerecorded calls to a mobile phone unless there was prior consent by the consumer. The FCC noted in 2003 that one intent of the TCPA was to reduce unwanted calls; it also recognized that wireless customers are charged for incoming calls.
The decision is a victory for collectors and ACA International, the trade group that filed a petition in 2005 challenging the previous interpretation of the TCPA.
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Comments
Comment from J HOLLAND W/ MCA on March 30, 2009 at 5:24PM EST
Our agency feels that if we owe a bill, "we owe it", we all have responsibilities and bills to pay. In our view the normal routine has become more of a habitual pattern of how bills are handled rather than just focusing on getting the bills paid." If this spiraling pattern continues, our economy will not be able to recover from this downfall. It is our view that a cell number can provide more privacy for the consumer than a landline in certain situations, which may include a 3rd party living at a residence. Our agency's view regarding this matter stands that a collection agency should be able to download cell or landline telephone numbers into their auto-dialer to increase their chances of contacting the consumers and helping the economy recover from it's debt.
Comment from Anonymous on April 18, 2009 at 6:51PM EST
That may be so, but after answering (330)433-5996 for GE Money a number of times and hearing nothing but a click, and the fact that they call me evenings, saturday and sundays, they go to the bottom of the list as to who gets paid from my available funds.
Comment from sttx on July 20, 2009 at 5:17PM EST
What about when you did not provide the number on the credit application, but an employee who knows you gives it to them?