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The Telephone Consumer Protection Act (TCPA) affects the activities of debt collectors because it restricts telemarketing activities and the use of “autodialers.”  Of course, then there were a great debate on the definition of  “autodialer.”

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The Federal Communications Commission has helped everyone by deciding that issue in its TCPA released their Omnibus Declaratory Ruling.

Now we know “autodialers” mean “dialing equipment” that can store phone numbers, and dial “random or sequential” phone numbers.  One tack has been for telemarketers by having one company owning part of the dialing equipment, and another company owning another part of that equipment.  This ruling calls that “autodialing” too.  The FCC also ruled that anyone can revoke their permission to get these calls at any time, without any limits.  If a telemarketer claims that there was permission to phone someone, they are the ones who need to prove it.  The person getting the calls doesn’t.  And finally, people can still be able to block robocalls.

The entire “Ruling” can be studied by those who think they’re being harassed by telemarketers, robo-callers or debt collection companies. There will possibly be a time when these jackals find a way to work around this ruling, which of course will mean another ruling will be legislated…(and another, and another…) but for now, these are the rules.

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Unfortunately, this will not work in the case of student loans…as the government takes care of its own. The Omnibus Budget Reconciliation Act of 2016. also legislated by Congress, means you’ll have to suffer from robo-calls for your student loans.

If you are being harassed by debt collectors, phone Christine Axsmith of Axsmith Law LLC at (202) 285-5415 for debt relief and other options.
 

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