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Congress passed the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §227, to curtail the use of automated dialers and prerecorded messages to cell phones without the permission of the consumer. Notwithstanding the passage of the TCPA, many businesses have harassed consumers by placing literally dozens and sometimes hundreds of telephone calls to cell phones.
On May 11, 2012, the United States Court of Appeals for the 7th Circuit issued an opinion in the case of Teresa Soppet v. Enhanced Recovery Company, LLC. In the litigation, the Plaintiffs sued a debt collector attempting to collect a telephone bill from a third party. Plaintiffs sued Defendant for Five Hundred Dollars ($500.00) per telephone call and One Thousand Five Hundred Dollars ($1,500.00) per telephone call if willful.
In response to the lawsuit, Enhanced Recovery Company asserted that it was not liable under the TCPA because it had consent from the party the debt collector intended to call — the actual customer of AT&T. In rejecting the argument of Enhanced Recovery Company, the 7th Circuit recognized that Plaintiffs are entitled to protection under the TCPA as they were the “called party” under the meaning of the TCPA.
Check for an Attorney in your area at NACA online..to sue!
And...File a complaint with the FCC at 
https://esupport.fcc.gov/ccmsforms/form1088.action?form_type=1088G
And Expired Debt can be in as little as 3 Years and as long as 10 years for Credit Cards, call your state to find out, can also check Kevin Trudeau's 'Debt Cures
MD
 Jun 07th, 2012
Mar, your comment needs rebuttal on two points. First, debt collectors are not selling anything, therefore are exempt from the DNC registry. There are a few cases where TCPA trips them up, but don't look there first for a payday.

Studying the laws is always good advice but sending people to Kevin Trudeau is not! That modern snake-oiler is the first and only person in history to be banned for life from selling any product on television. Stupidly, the ruling allowed book sales as a loophole, and faster than you can say "Natural Mega Memory Cures", the clown was back on the air hawking dubious advice books. I would wager there is not one "hidden wisdom" line in "Debt Cures" not already available freely through countless consumer defender sources.

Speaking of valid sources, if you are receiving repeated, misdirected, and/or abusive calls from a third party debt collector, you may find relief in the provisions of the FDCPA, the Federal law which regulates collector behavior. Learn your rights at FTC-dot-gov. See also your state laws for additional support.

Possibly if your mobile phone account is that obscure and in a special category, ERC already knew it was a mobile device prior to calling. That's key, since the FDCPA bans collection calls to those gadgets or in any manner which creates cost to the alleged debtor. Tell them straight out in writing your mobile phone is off limits. Document all calls for a potential suit.
Resident47
 Dec 22nd, 2010
They call my cell (from Different #s)my cell which is a free SafeLink for low income people. My number is unlisted and I've only given this number to a few long distance friends so they will recognize when I call them, and when they call me to call my land line..because I only get 60-90 free mins a month on my SafeLink cell.
They, ERC are most probably trying to collect EXPIRED DEBT!!! Check your STATE FOR IT'S STATUTE OF LIMITATIONS!!! Or go to the library or bookstore and check in Kevin Trudeau's book "Debt Cure$ -They Don't Want You to Know About" Pg 43 Then you can inform them the Debt is expired and uncollectable!!!! And If you are on 'The Do Not Call List' you can sue them for 500. ...check on the internet there are sites that help you with this...
Mar
 Dec 22nd, 2010
Received a call today from this number, it was pure static so I called them back and they were looking for someone that has never lived here. I have had the same number since 1995 and it is a non-published number so I don't know how they are getting this number for someone who I don't know. I did find out who the 800 number belonged to though, here is their information:

Caller ID: 800-326-0120
Caller: Enhanced Recovery Corporation
Caller Type: Collection Agency
Website: https://www.erccollections.com/
JamesP
 Feb 12th, 2009
said it had a message for { no name inserted} then went into a collection spiel.
fred barngrover
 Nov 19th, 2008
Had a call from this number at 9pm tonight. They didn't leave a message. I called the number back and it said 'your call may be monitored' and then the on hold music came on. I decided not to wait all night for someone to answer.
Michelle
 Jun 28th, 2008
I received a call from this number and they said they were some type of collection agency but when I asked for what they said their computers were having trouble. They gave me some type of reference number when they called the first time and then hung up. Sounds suspicious.
Monica
 Jun 10th, 2008
Third call from them in 4 days. Left a weird voicemail with a phone number and said "use reference number:" and then disconnected before giving it to me. I answered today and it said, "this message is for:" and then there was silence so I hung up.
Liz
 May 20th, 2008

8 Comments