Couple receiving bad news over phone


A consumer may receive a number of unwanted calls.  However, if those calls were made to collect a debt, the remedy is under the Fair Debt Collection Practices Act, not the Do Not Call List law.   The Do Not Call List law excludes calls to collect a debt from its coverage.

The Fair Debt Collection Practices Act, 5 U.S.C. § 1692d(5), prohibits a debt collector from harassing any person in connection with the collection of a debt by causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.”

Section 1692d(5) prohibits the repeated or continuous calling of a person with intent to annoy, abuse, or harass. “In determining liability, the Court looks at the volume and pattern of calls sufficient to raise a triable issue of fact regarding the caller’s intent.  The volume of calls alone may be alone to  give rise to liability.

As one court explained, “And so Wright must show the calls were accompanied by other egregious conduct giving rise to intent to annoy, abuse, or harass.[30] Such intent can be shown when the defendant continues to call the plaintiff after it has been asked to stop.] Where there is some evidence that the defendant continued to call the plaintiff after being asked to stop, the question of whether the conduct constitutes an intent to harass, in violation of §1692d(5), is one for a jury. Thus, to survive summary judgment, Wright must demonstrate a factual dispute as to whether Enhanced Recovery continued calling him despite his pleas that the calls stop.”

Call for a Free consultation on your Do not Call List or Debt Collection Harassment claim



Man in home office on telephone using computer smiling

Home Energy Do Not Call

Home Energy Frauds

The FTC has initiated investigations of home energy fraud schemes.  Some falsely promise savings and others make unsolicited calls on the Do Not Call List.

A press release said,  “It should be clear by now: if you make illegal robocalls to people on the Do Not Call list, you’re headed for trouble. Trouble — in the form of a Federal lawsuit — just found an operation that the FTC says bombarded people with more than 1.3 million robocalls pitching energy savings. .

According to the lawsuit,  companies called people whose numbers are on the Do Not Call Registry, and kept calling after people asked them to stop. Although the companies’ messages said things like “This is an urgent call about your energy bill,” people who pushed a number to get more information didn’t get energy help. They were transferred to  telemarketers, who collected their names and sold them to solar installation companies as leads.

If you get a recorded sales message and you haven’t given the company your written permission to call, the call is illegal. If you get a call like that, don’t press a button to be taken off the call list or to talk to a live person. That just leads to more calls. Instead, hang up and file a complaint at donotcall.gov. If you get unwanted calls from many different numbers, you could look into a call blocking solution. There are online call blocking services, call blocking boxes, and smartphone apps that block unwanted calls. Do an online search to look for reviews from experts and other users, and find out whether there’s a charge for the service.

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