Alabama consumer attorney John Watts discusses whether it is legal for a debt collector to call your cell phone or to leave a voice mail message on your cell phone. Other than threats, lies, etc. which are always prohibited by the Fair Debt Collection Practices Act (FDCPA), there are two main violations which we see frequently when collectors call cell phones. First, the failure to leave the Mini - Miranda. This is the requirement to tell you the collector is a "debt collector" and that the call "is an attempt to collect a debt". This is a frequent violation. Second, the federal law Telephone Consumer Protection Act (TCPA) prohibits many of the auto dialer (computer calls - "robo" calls) that collectors like to use. Collectors can't use a predictive or auto dialer unless you have given permission to do so. You can visit our website which has an article specifically on calls to cell phones - www.alabamaconsumer.com You can also contact us through our website to get a free report on "How To Make Collectors Pay For Illegal Voicemails" or you can call us at 205-879-2447.
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