Can Mississippi Debt Collectors Use AI or Automated Systems to Call Me?

If you’ve fallen behind on your bills, the constant barrage of debt collection calls can feel overwhelming and intrusive. But have you ever wondered if a real person is on the other end of the line, or if debt collectors in Mississippi are using AI, automated systems, or robocalls to contact you?

The answer is that while debt collectors can generally use automated dialing systems to reach large numbers of consumers more efficiently, there are strict rules and regulations they must follow under federal and Mississippi state law when doing so.

Your Rights Under the FDCPA and Mississippi Debt Collection Laws

The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits abusive, unfair or deceptive practices by third-party debt collectors. This includes restrictions on when and how often collectors can call you, as well as prohibitions on harassing or threatening behavior.

In addition to the FDCPA, the Mississippi Consumer Collection Practices Act provides further protections for consumers in the state. For example, collectors cannot:

• Call you at unusual hours or with a frequency intended to harass
• Contact you at work if they know your employer prohibits such calls
• Reveal information about your debt to third parties like family, friends or coworkers
• Use automated dialing systems or prerecorded voice messages without your prior consent
• Pretend to be attorneys, government representatives, or other officials
• Use profane or abusive language
• Make false threats of legal action they don’t intend to take

FDCPA and Robocall Restrictions on Debt Collection Calls

When it comes to using AI, automated calling systems, or “robocalls” to collect debts, the FDCPA and other federal laws place important limitations on debt collectors.

For example, the Telephone Consumer Protection Act (TCPA) generally prohibits callers from using automated dialing systems or prerecorded voice messages to call your cell phone without your prior express consent. For landlines, robocalls are allowed, but the caller must provide certain disclosures and an easy way to opt out of future calls.

Even if you previously gave consent, you have the right to tell a collector to stop calling you or contacting you completely. Once you make this request, the collector can only contact you to inform you of specific actions, like filing a lawsuit. It’s best to make your request in writing via certified mail so you have proof.

Identifying Illegal Robocalls and Scams

Unfortunately, many scammers and fraudulent debt collectors use spoofed robocalls to harass consumers and pressure them to make payments on debts they may not even owe. Some red flags of illegal robocalls include:

• Failing to identify the caller or company’s name
• Demanding immediate payment or personal financial information
• Making vague threats of arrest or legal action
• Offering to settle debts for pennies on the dollar
• Claiming to be from government agencies like the IRS

If you suspect an illegal robocall from a scammer, hang up immediately. Do not press any numbers to speak to a live operator or be removed from the call list, as this could just lead to more harassing calls. It’s also important to avoid giving out any personal or financial information.

You can report suspected scam calls to the Mississippi Attorney General’s Office and file complaints with the FTC and FCC. Consider using call blocking or call labeling services to screen unwanted calls as well.

Enforcing Your Rights Against Abusive Debt Collection Practices

If debt collectors are illegally using robocalls, AI chatbots, or other automated systems to harass you, or are otherwise violating the FDCPA or Mississippi debt collection laws, you have the right to fight back.

In addition to sending a written cease and desist letter demanding that the collector stop contacting you, you should document any abusive calls or practices. Keep logs of the dates and times of calls, the numbers they are coming from, and the content of any voicemails or conversations. Save copies of any letters or emails you receive as well.

Then, consider contacting a consumer protection attorney to discuss your rights and legal options. You may be able to sue the debt collector for violating the FDCPA and recover up to $1000 in statutory damages, plus any actual damages and attorney fees.

Even if you do legitimately owe the debt, you still have the right to be treated fairly and with respect by collectors. Abusive collection tactics are never acceptable, whether from a live agent or an automated system.

If you are being harassed by debt collectors in Mississippi or have questions about your rights dealing with creditors and collection agencies, call Ware Law Firm today for a no-cost, confidential consultation. Our experienced consumer protection attorneys are here to help you explore your options and fight back against illegal debt collection practices.