Thanks to a new ruling, consumers who have requested debt collectors not call their cell phones are entitled to collect damages of up to $1,500 per call. In the recent 11th Circuit case, Osorio v. State Farm Bank, the court reinforced restrictions under the Telephone Consumer Protection Act that prohibits debt collectors from using automated dialing systems (i.e. – “robocalls”) to contact consumers on their cell phones without their permission.
The Telephone Consumer Protection Act has been federal law since 1991. However, this ruling is significant because in the past, courts have been divided as to whether consumers who have given their cell phone number to a creditor or collector can revoke that privilege, and if so, whether they can do so verbally. In this case, the court ruled in favor of consumers, giving them permission to revoke their consent verbally.
For consumers who are receiving calls for the wrong person, for debts they believe are not owed or for debts that are too old, this ruling proves extremely helpful. However, it important to remember that ignoring collection calls is not a good strategy. Keep accurate records of the collection calls and consider speaking with an experienced bankruptcy attorney who can guide you in the right direction and determine whether you qualify for bankruptcy protection.
If you are in a financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.