Brennan & Clark Ltd.
A Limited Liability Company
Telephone: (800) 858-7600 721 E. MADISON email: email@example.com
Fax: (630) 279-7045 SUITE 200 Web Page: www.brennanclark.com
VILLA PARK, IL 60181
OCTOBER 16 2013 CHANGES TAKE EFFECT TO TCPA
Not only do third-party collection agencies and debt buyers need to be compliant, but creditors
also must comply. Make sure you have all your systems in place, they have been checked, and
you know they are in compliance.
• All creditors (including healthcare providers, government agencies, and utility and cellular
phone companies), should update their application forms to include appropriate
disclosure and consent provisions regarding their right, and the rights of any agents or
debt buyers, to communicate with the consumer on their cell phone about payment
• Collection Agencies should work with their clients to establish a system to segregate cell
phone from land line numbers, which are transferred to the collection agency only if the
creditor will warrant it obtained the cell phone number directly from the consumer
• Collection Agencies and subsequent Debt Buyers should scrub all telephone numbers
associated with the account to determine whether the numbers are cell phone numbers
and remove them from autodialer campaigns.
• Collection Agencies and subsequent Debt Buyers should establish appropriate policies
and procedures to prevent the inadvertent call to a wireless number and invoke a policy
that wireless numbers must be dialed manually unless the agency or debt purchaser has
obtained the requisite consent.
• Debt Buyers should ensure the purchase agreement for consumer debt portfolio includes
a warranty that the creditor obtained the express consent of the consumer for
subsequent purchasers of the debt to contact them using a cellular telephone number.
• Collection Agencies should verify and update what is appearing on caller ID devices
when placing outbound calls.
In 2012 and tracking for 2013, TCPA violation lawsuits have surpassed FDCPA lawsuits.
Having the systems in place to avoid defending yourself against violations, and being able to
concentrate on keeping your receivables current, will keep your stress level down, and therefore
help you in your daily administration and operations.
The Receivable Support Solution