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Attorney General Peter Kilmartin urges U.S. Senate to pass the "Help Americans Never Get Unwanted Phone calls" Act

AG calls on Senate Committee to pass bill repealing amendment allowing debt-collection robocalls

Attorney General Peter F. Kilmartin is urging the Senate Committee on Commerce, Science, and Transportation to pass the ''Help Americans Never Get Unwanted Phone calls Act of 2015'' or ''HANGUP" Act. In a letter Kilmartin and 24 other attorneys general called on the committee to pass the Act, which repeals a recent amendment to the Telephone Consumer Protection Act (TCPA) to allow debt-collection robocalls to consumers' cell phones.

Prior to the amendment, the TCPA prohibited all robocalls to cell phones. As amended, the TCPA now permits citizens to receive unwanted and previously illegal robocalls to their cell phones if the calls are made pursuant to the collection of debt owed to or guaranteed by the United States, such as federal student loans. Kilmartin said by passing the HANGUP Act, the federal government has the opportunity to stop the barrage of debt-collection robocalls that can be frustrating and even harassing to citizens who pay for calls to their cell phones.

"Debt-collection calls and robocalls consistently top the list of complaints our Consumer Protection Unit receives," Kilmartin said. "Consumers have made it clear that they are fed up with robocalls, and our laws should be moving to restrict unwanted calls, not encourage them."

In 2015, a coalition of attorneys general led the charge to support the recent Federal Communications Commission rule change to address the proliferation of robocalling. On June 18, 2015, the FCC formally adopted a rule change which states that federal law does not prohibit telecommunication service providers from offering, upon a customer's request, services intended to block unwanted calls. This clarification moved enforcement efforts forward and armed consumers with ways to prevent unwanted calls. The recent amendment, however, is a step back in the fight against robocalls, Kilmartin said.

In Rhode Island, while debt collectors have a right to seek payment, they must follow the guidelines set forth in both the federal and Rhode Island Fair Debt Collection Practices Act. According to the statute, to stop a debt collector from calling, write a letter to the agency instructing them to cease and desist contacting you by telephone and that all future communication be made to you via mail. Send the letter certified and retain a copy for your records.

If the debt collector fails to comply with your request, you may file a complaint with our Consumer Protection Unit.

Attorney General Kilmartin urges all Rhode Islanders to register their home telephone and cell phone on the national Do Not Call registry. To register, please visit www.donotcall.gov.

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