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Old 03-17-2009, 02:36 PM
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TCPA - Express Consent - Medical


What is the name of your state (only U.S. law)? IL

I am looking for clarification on the "express consent" provision of the TCPA related to debt collection. I demanded competent evidence of the alleged debt, received nothing, demanded they "cease all collections activity", and have not provided the original creditor with my cell phone number.

I keep getting prerecorded, autodialed calls related to a diagnostic test my Dr. ordered. I argue that I never gave my phone number in connection with this alleged debt which is required via the Jan 08 FCC ruling.

I think they would contend that that express permission comes through my doctor. i.e. my documentation with her may give it, transferred to the test facility who further transferred it to the collector.

a) does "express permission" work transitively through the doctor or only between creditor and collector as per the FCC ruling?

b) did my order to "cease all collections activity" rescind any express consent that may have existed?

Thanks for the insight ahead of time. I am sick of getting pushed around by these guys without them proving anything, and FDCPA damages won't do it justice.
  #2  
Old 03-18-2009, 07:05 AM
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Location: Philadelphia, PA
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If they have your phone number, they can call it, unless you send a properly worded letter to cease and desist ALL CONTACT. And then they will sell the debt to the next collection agency, who will call you, or they will file a lawsuit.
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