Federal Court Rules on TCPA in Favor of Cell Phone Debt Collection Calls


Cell phone debt collectionHold the phone. Actually, the government says there is no need to.

A federal court ruling in Pennsylvania provides clearer guidance as to how debt collection calls fit under the scope of the Telephone Consumer Protection Act (TCPA). A judge in the Roy v. Dell Financial Services case ruled that the debt collection calls do not violate the TCPA, even calls made to cell phones.

This ruling may cause some confusion because previous court rulings indicated that debt collection calls using automatic dialing or a prerecorded or artificial voice must have “prior express consent” from the called party. If the consent is not given, the calls are in violation of the TCPA.

This demonstrates the complexity of following all the federal, state and even international rules regarding telecommunications between businesses and consumers.  Companies need sophisticated solutions and strong partnerships to ensure they are in compliance while still making optimal use of resources to provide services and collect on balances due.

We’re curious to know what you think of this ruling and if it will change your dialing strategies in the future. Does this give debt collection companies greater freedom to make contact with consumers on cell phones, or will policies be more restrictive?

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