If you are getting collection calls or texts to your cell phone, you have the right to have them stopped. You pay for data usage and text and phone usage for your cell phone so federal law allows you to stop this type of harassment. There are two laws that can assist you in doing this. The first is the Fair Debt Collection Practices Act (FDCPA). Please see our previous blog on this topic. The other law that can assist you with this is the Telephone Consumer Protection Act (TCPA).
If you are receiving collection calls and text messages to your cell phone that you do not believe you ever authorized or consented to, please contact our office immediately to explore this further. If there is a chance you authorized or consented to these calls by signing a contract and writing down your cell number, then that is authorization for a creditor or a collection agency to whom your debt was assigned or sold to contact you. You have the right, however, to revoke consent for these creditors and debt collectors to call your cell phone. The way to do this is a revocation of consent letter that looks like the following:
Your Full Mailing Address
City, State, Zip Code
Name of the Collection Agency That is Calling You
Full Mailing Address of Collection Agency
City, State, Zip Code
Reference Number or Account Number if any
I do not believe I ever gave you consent to call my cell number xxx-xxx-xxxx (insert your full ten digit cell phone number here). You have been calling me and harassing me and I do not authorize that. If you do believe that I have previously given consent to you to call this cell phone number, I hereby revoke consent to call my cell number effective immediately. Please do not ever call or text this number again or in any way communicate with this number again in any manner. Thank you for your immediate attention to this matter.
Your signature and printed name
Please mail this letter to the collection agency, creditor or entity that is calling you by certified mail, return receipt. Please make sure you keep a copy of the signed letter before you mail it and, again, please make sure you mail the original at the post office by certified mail, return receipt requested. That way, you can have proof that you have revoked your consent to receive these types of phone calls. It is very important that you make sure you keep the green card and a copy of the letter you mailed so that you have proof that you sent it to this creditor, collector, or entity to ensure that they do not call or text your cell number ever again.
Ron Sykstus is a Managing Partner of several of the Bond & Botes Law Offices throughout Alabama. He holds a Bachelor of Science from the University of Arizona, Tucson, and a Juris Doctorate from the Northern Illinois University College of Law. Ron has served in numerous positions throughout the U.S. Army and now utilizes his expertise in the areas of VA issues, security clearances, military law, and bankruptcy to assist his clients when they need it most. Read his full bio here.