Technology is good, right? Well, not always. Increasingly, consumers are having their privacy invaded by creditors or debt collectors using automatic telephone dialing systems to make calls to consumers in an attempt to collect a debt allegedly owed. The problem has become so pervasive, attorneys in North Carolina are turning to consumer lawyers many states away to lecture on the topic and teach them what consumers can do to fight back.
In May of this past year, Derick Henderson, a lawyer with Sigmon & Henderson, PL in Gastonia, North Carolina, asked LeavenLaw partner Ian Leavengood to travel to Charlotte, North Carolina and address over 100 consumer and bankruptcy lawyers, as well as Bankruptcy Judges and Trustees, on the Telephone Consumer Practice Act ("TCPA") and the pitfalls associated with using technology in debt collection.
The TCPA is a consumer protection statute that protects consumer’s privacy. An increasing trend is using such "auto-dialers" or "robo-dialers" to make calls to consumers. If, however, calls are being placed to a cellular telephone without "prior express consent" then the calls could be a violation of the TCPA and worth between $500.00 and $1,500.00 per call.
For a copy of the complete presentation, please click here. Mr. Leavengood is available to discuss the TCPA with your group or more than willing to consider representation if you are receiving robo-calls or spam texts to your cell phone. Please visit www.LeavenLaw.com or call 1-855-Leaven-Law for more information!