Debt Collectors Seek To Auto-Dial Cellphones

By Caroline E. Mayer
Washington Post Staff Writer

Wednesday, April 19, 2006; D02

http://www.washingtonpost.com/wp-dyn/content/article/2006/04/18/AR2006041801607_pf.html


Debt collectors are asking the Federal Communications Commission for 
permission to use automated dialers to call a debtor's cellphone about 
overdue bills.

ACA International, the trade association that represents collectors, said 
federal rules formerly permitted collection agencies to call cellphones 
using a computerized system that stores and dials numbers. But a change in 
FCC rules in 2003 barred collectors from using such technology to call 
cellphones. They may use dialers to call land lines, but they must dial 
cellphones manually.

Earlier this month, the FCC said it would review the request and sought 
public comments which are due next month. Its review comes as complaints 
about debt collectors continue to mount.

The Federal Trade Commission last week issued its annual report on the 
collection industry, showing consumer complaints rising to a high of 66,627 
in 2005, up 13.5 percent from 58,698 in 2004. More complaints were filed 
about debt collection than any other industry. They accounted for 19.1 
percent of all complaints filed with the FTC in 2005, up from 17 percent of 
all complaints in 2004.

The FTC said that, given the millions of collection calls made to consumers 
each year, the number of complaints it received is a "small percentage of 
the overall number of consumer contacts." However, it said it thought the 
number of consumers who complain is only a "relatively small percentage of 
the total number of consumers who actually encounter problems with debt 
collectors."

The debt-collection association argues that the FCC ban on cellphone calls 
was inadvertent, part of the commission's attempt to curtail abusive 
telemarketing calls by auto-dialers that randomly or sequentially called 
cellphones.

The ACA says collectors don't dial randomly, but rather selectively call 
consumers who owe money. "We're not buying lists of consumers just to call 
them for the fun of it; we're not looking for cellphone numbers we don't 
have," said Rozanne M. Andersen, the ACA's general counsel. Andersen added 
that creditors and collectors have the cellphone numbers because consumers 
provided them when they applied for credit.

Not being able to call cellphones with auto-dialers will be "extremely 
detrimental to the industry and consumers," she said. According to the FCC, 
6 percent of U.S. households now rely exclusively on wireless service, up 
from 1.2 percent in 2001. "We have generations of people moving exclusively 
to cellphones, and there is no practical way for creditors and debt 
collectors to communicate with them," she said. The ACA says creditors 
could lose billions of dollars annually if the rule is not changed.

The National Consumer Law Center, a public-interest consumer advocacy 
group, has already filed an objection to the ACA's petition, saying 
consumers will be "hard pressed to see the benefit" because the 
automatically placed calls will use up high-cost daytime minutes. The NCLC 
added that a consumer giving a cellphone number when applying for credit 
shouldn't be considered as giving permission to a debt collector to call 
that number later.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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