I thought I’d take a minute to share common defenses faced by consumer lawyers such as myself — and help arm consumers with just how and what they should say to stop the calls.
First, a debt collector will always deny that you ever revoked consent to call. They will argue that you did not provide enough personal identifying information for them to verify and therefore they could not process the DO NOT CALL request.
Second, they will argue that the consumer did not specify which number he or she did not want the calls made to.
Third, do not get into semantics about when a call would be okay. You have the right to stop the calls period. If a debt collector needs to reach you, they can send you a written letter.
Fourth, tell them more than once to stop calling your cell phone and give the number each time.
Fifth, keep track of all this – when you told them not to call, and the date/time of when they continued to call. Screenshots are wonderful.
Sixth, it is a good idea to follow up with a written request sent certified mail — this protects you under the FDCPA. Keep a copy. Verbal requests are fine for the TCPA, but the request must be in writing for the FDCPA to apply.
I hope this helps Florida consumers to stop the calls and protect their legal rights in doing so.