Creditor’s Collection Calls Didn’t Violate Federal Telephone Law

Jan. 28, 2020, 4:19 PM

The Telephone Consumer Protection Act didn’t apply to collection calls made to a debtor’s cell phone, because they weren’t made by an auto-dialer, the Eleventh Circuit said.

The debtor, Tabitha Evans, claimed the Pennsylvania Higher Education Assistance Agency, a loan servicer, called her cell phone 35 times about unpaid student loans, in violation of the TCPA, and sought statutory damages. The district court allowed the claim to proceed, but the U.S. Court of Appeals for the Eleventh Circuit reversed in a split decision issued Jan. 27.

The TCPA prohibits calls to cell phones by an automatic telephone dialing system, which ...

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