What Is Not Consent? The Following Are Not Prior Express Consent: Phone number capture through Caller ID (ANI). Express request not to call cell number (verbal or written ok per TCPA and FCC 2008 Order, but see Gager decision.) Consent provided to one creditor or collector is not consent to call on behalf of other creditors or collectors. Skip tracing dangerous see Meyer v. Portfolio 2012 U.S. App. LEXIS 21136 (9th Cir. Cal. Oct. 12, 2012) - can give rise to potential class action.
The problem you may have is that this may be a mortgage servicer.
§ 1692a(6)(F)(iii) was intended to provide that "`mortgage service companies and others who service outstanding debts for others, so long as the debts were not in default when taken for servicing,'" are not debt collectors. De Dios v. Int'l Realty & Investments, 641 F.3d 1071, 1075 n.3 (9th Cir. 2011).
If they bought the loan from BofA when it was in good standing, they are not considered a JDB or a debt collector. They are simply a new OC and not subject to the FDCPA. Some of the TCPA statutes refer to debt collectors.