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Calling Your Clients on Their Cell Phones

Calling Your Clients’ Cell

Calling all debts and debtors. But not automatically.

As the year winds down, it’s a good time to check-in with your processes — and that includes automatic dialing. Although many of our clients may not use automated dialing systems themselves, PRC’s ability to provide efficient service to our clients comes in large part from the use of automated dialing systems.

Use of automatic dialers or predictive dialers or prerecorded messages is regulated the Telephone Consumer Protection Act (TCPA). Of course, automatic calls from debt collectors to landlines are allowed, as long as certain disclosures are provided. But it’s a different story with cell phones. According to the TCPA, people cannot make “any call using any automatic telephone dialing system or an artificial or prerecorded voice” to a cell phone number unless it’s for an emergency or you have prior express consent.

These days, more people are abandoning landlines completely, which makes this information more important than ever. So how do you we get prior consent? In many cases, the work is already done. The FCC says if a customer has given prior express to the creditor, he/she is automatically giving that consent to the debt collector calling on behalf of the creditor.

There is no specific language that must be used in order to obtain prior express consent. Still, if you’re looking for guidance, try this “Sample Notice” from the Association of Credit and Collection Professionals.

SAMPLE NOTICE

You agree, in order for us to service our account or to collect any amounts you may owe, we may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers, which could result in charges to you. We may also contact you by sending text messages or e-mails, using any e-mail address you provide to us. Methods of contact may include using prerecorded/artificial voice messages and/or use of an automatic dialing device, as applicable.

I/We have read this disclosure and agree that the Lender/Creditor may contact me/us as described above.

Borrower/Customer Signature ______________
Date __________________