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Debt collection glossary

What is TCPA?

The Telephone Consumer Protection Act, which requires consent for autodialed or prerecorded calls and texts to cell phones.

Definition

The Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227) restricts calls and text messages made with an automatic telephone dialing system or using an artificial or prerecorded voice to cell phones without the called party's prior express consent. It also governs the National Do Not Call Registry and requires honoring revocation of consent by any reasonable means.

For debt collectors, the TCPA is the primary source of class action exposure: statutory damages are $500 per call or text, trebled to $1,500 for willful violations, with no cap. Collectors must track consent per phone number, verify numbers have not been reassigned, and stop immediately on revocation.

Example

A lender has consent to call a borrower's cell number from the loan application. The borrower later replies "stop calling me" to a text. Any further autodialed call or text to that number after the revocation is a TCPA violation at $500 to $1,500 each.

How HL Hunt handles it

HL Hunt stores consent per phone number with its source and timestamp, checks the FCC Reassigned Numbers Database before use, detects revocation by keyword and natural language across channels, and blocks any prohibited call or text at the compliance engine before it is placed.

Frequently asked questions

Does the TCPA apply to manual calls?

The autodialer provisions do not, but prerecorded or AI voice calls to cell phones require consent regardless of how they are dialed. HL Hunt treats AI voice calls as requiring consent.

How can a debtor revoke TCPA consent?

By any reasonable means, including replying STOP, saying so on a call, or writing in. The FCC's 2024 rule requires honoring revocation within ten business days; HL Hunt honors it immediately.

What is the penalty for a TCPA violation?

$500 per call or text, up to $1,500 if willful, with no statutory cap. Class actions routinely settle in the tens of millions.

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