Robocalls about a debt: when the TCPA applies
A prerecorded or artificial-voice call to your cell phone about a debt, made without your prior express consent, can violate the Telephone Consumer Protection Act, whether the caller is a collector or the original lender. The statute sets $500 per violation, which a court may triple to $1,500 if the violation was willful or knowing. You can revoke consent by any reasonable means, such as replying STOP to a text.
The same recorded voice, every day. "This is an important message regarding your account. Please call us back." You never agreed to it, or you told them long ago to stop. The voicemail box is full of it.
Two federal laws may apply. The Telephone Consumer Protection Act covers how the call was made. The Fair Debt Collection Practices Act covers who is calling and how often.
What the TCPA prohibits
It is unlawful for "any person" to call a cell phone number using an automatic telephone dialing system or an artificial or prerecorded voice, unless the call is for emergency purposes or made with the called party's prior express consent (47 U.S.C. § 227(b)(1)(A)(iii)). Three points follow.
- It reaches original creditors. "Any person" includes the bank or store you owe, not just a collection agency.
- Texts count. The Supreme Court has said it is undisputed that a text message to a cell phone qualifies as a "call" under this provision (Campbell-Ewald Co. v. Gomez, 577 U.S. 153 (2016)).
- Prerecorded voice is the strongest hook. In 2021 the Court narrowed "autodialer" to equipment that uses a random or sequential number generator (Facebook, Inc. v. Duguid, 592 U.S. 395 (2021)). It said its decision did not affect the separate ban on artificial or prerecorded voice calls. A recorded message needs no autodialer to count.
Prerecorded calls to a residential landline also need prior express consent, subject to exceptions (§ 227(b)(1)(B)). See the Duguid story.
Consent, and how to take it back
Most debt robocall cases turn on consent. Callers often argue that you consented when you gave your cell number on a credit application. Whatever the answer on your facts, consent can be revoked.
Under the FCC's rule, you may revoke prior express consent by any reasonable method that clearly expresses a desire not to receive further calls or texts. Replying "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe" to a text is reasonable per se. The caller must honor the request within a reasonable time not to exceed ten business days (47 C.F.R. § 64.1200(a)(10)).
Florida: read your contract
In Medley v. DISH Network, the Eleventh Circuit, which covers Florida, held that consent given as part of a bargained-for contract could not be revoked unilaterally. That TCPA claim failed. The same case went on to a jury verdict under Florida's own collection statute.
Revoke in writing, and also by the method the caller offers. Keep a screenshot of every STOP reply.
What the TCPA pays, and what it does not
You may recover your actual monetary loss or $500 in statutory damages for each violation, whichever is greater, and the court may increase the award to up to $1,500 per violation if the caller acted willfully or knowingly (47 U.S.C. § 227(b)(3)). The claim must be filed within four years under the federal catch-all limitation period (28 U.S.C. § 1658(a)).
The TCPA has no fee-shifting clause. It does not make the caller pay your lawyer. That is one reason the FDCPA matters when the caller is a debt collector.
When the caller is a debt collector
Regulation F presumes a violation when a debt collector places more than seven telephone calls within seven days about a particular debt, or calls within seven days after a telephone conversation about it (12 C.F.R. § 1006.14(b)(2)). The presumption is rebuttable and counts telephone calls only, never texts or emails. Under the CFPB's official interpretation, a ringless voicemail counts as placing a call. A collector also may not call before 8 a.m. or after 9 p.m. (15 U.S.C. § 1692c(a)(1)).
The FDCPA allows actual damages plus statutory damages of up to $1,000, and requires a company found liable to pay the consumer's reasonable attorney's fees and costs (15 U.S.C. § 1692k). The one-year deadline runs from each violation. See robocalls and texts.
The Do Not Call list is a different rule. It protects against telephone solicitations, calls encouraging you to buy, rent or invest (47 U.S.C. § 227(a)(4), (c)), so it rarely fits a collection call.
What to do this week
- Save every voicemail. A prerecorded message is your best evidence of how the call was made. Screenshot the call log too.
- Revoke consent by text reply and in a letter. Date both and keep copies.
- Start a log in the call log: date, time, number, whether it was a recording.
- Count the calls after the date you revoked. Each one after the caller's time to honor the request may be a separate violation.
Sources: 47 U.S.C. § 227; 47 C.F.R. § 64.1200(a)(10); 28 U.S.C. § 1658(a); Campbell-Ewald Co. v. Gomez, 577 U.S. 153 (2016); Facebook, Inc. v. Duguid, 592 U.S. 395 (2021); Medley v. DISH Network, LLC, No. 18-13841 (11th Cir. May 1, 2020); 12 C.F.R. § 1006.14 and Supplement I; 15 U.S.C. §§ 1692c, 1692k.
Common questions
I gave the lender my cell number on the application. Is that consent?
Callers often argue that it is. Either way, you can revoke consent by any reasonable method that clearly says you do not want more calls or texts, and under the FCC's rule the caller must honor it within ten business days. In the Eleventh Circuit, which includes Florida, a court held that consent given as part of a contract could not be revoked unilaterally, so contract terms matter there.
Does the Do Not Call list stop debt collection calls?
Usually not. The Do Not Call rules protect against telephone solicitations, which the statute defines as calls encouraging the purchase or rental of, or investment in, property, goods or services. A call to collect a debt is generally not that. The robocall rule for cell phones is a separate provision.
Does the TCPA make the caller pay my lawyer?
No. The TCPA has no fee-shifting clause. The statutory amount per violation is what the law provides. If the caller is a debt collector, the FDCPA may also apply, and the FDCPA requires a company found liable to pay the consumer's reasonable attorney's fees and costs.
Tell us what they did.
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