The Telephone Consumer Protection Act (TCPA) was passed in 1991 with the
goal of protecting consumers from unwanted phone calls, faxes, and other
forms of communication. Under the TCPA, debt collectors are prohibited
from using auto-dialing or robo-calling systems to collect a debt. Additionally,
creditors are not allowed to call before 8 a.m. or after 9 p.m., and consumers
are allowed to request that they be put on the company’s Do Not
If a creditor, debt collector or advertiser violates the TCPA, consumers
have a right to bring a claim against that entity and can win compensation
in the amount of $500 to $1500 per violation.
Recently, Congress passed the Bipartisan Budget Act of 2015, and included
clauses that would relax these protections for debts owed to the federal
government. Under the act, calls and text messages are allowed when they
are made solely to collect a debt owed to guaranteed by the United States.
In general, government-backed loans include things like student loans,
small business loans, and some home loans. According to the Bipartisan
Budget Act, people who owe money to the federal government may begin receiving
automatic or robotic calls and text messages from the entities that service
To implement the act, the Federal Communications Commission has drafted
regulations with will balance consumer protection issues with the government’s
need to collect on its loans. According to proposed regulations, consumers
that owe these types of loans will still be able to request that these
calls stop. Additionally, the proposed rules would limit these types of
calls to only those regarding delinquent debts and potential loan defaults.
Finally, the FCC has suggested limiting the number of calls an individual
can receive each month regarding these loans.
While these proposed regulations have yet to be approved, borrowers should
be aware that they can expect to receive automated calls regarding government
loans in the near future.
If you are concerned with calls from creditors about debts that you can’t
pay, contact the Loan Lawyers today. Our attorneys can help you come up
with a plan to tackle your debt, and may help you receive compensation
for illegal or harassing debt collection attempts.
To schedule your free consultation, contact our office today by calling
(844) FIGHT-13 (344-4813).