Tag Archive for: TCPA

Telephone Consumer Protection Act (TCPA)

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The Telephone Consumer Protection Act (TCPA) protects consumers from receiving nuisance calls from creditors and marketers on home phones and cell phones since 1991.  TCPA restricts robo-calls made to all cell phones, whether they are for business or personal use.

How do Creditors and Marketers Violate the TCPA:

  • When they use automatic dialing systems, a computer program that auto-dials hundreds of programmed numbers. Receiving four or more calls in a day from a specific creditor typically means an auto-dialer is in use.
  • When they use artificially generated communications or pre-recorded voice messages that direct the recipient to hold for an available operator.
  • When they send unsolicited SMS text messages that cause the recipient to incur phone charges.
  • When they fax junk-faxes that interrupt the receipt of business faxes, tie up phone lines, and waste paper.

When they do not maintain and support a required DO NOT CALL list. Consumers have the right to ask to be placed on it and the requests are honored for five years.   https://www.donotcall.gov/

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

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ND Cal refuse to Apply Arbitration Agreement in TCPA Complaint to Credit Card Issuer

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Savage v.  CITIBANK NA,  Dist. Court,

ND California 2015

Northern District California refuses to apply arbitration agreement to TCPA where there were violations of the federal Telephone Consumer Protection Act (“TCPA”) by credit card issuer First Card,  calling the debtor’s cellular phone in an attempt to collect on the credit card debt.

https://scholar.google.com/scholar_case?case=14883859290605892284&hl=en&lr=lang_en&as_sdt=6,31&as_vis=1&oi=scholaralrt

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: [email protected]

TCPA Allows Consent Through Intermediaries

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The Eleventh Circuit,   U.S. Court of Appeals,   held that the TCPA allows callers to obtain consent through intermediaries.

The Court also held that a 2008 FCC Ruling interpreting the “prior express consent” defense applies to all creditors and debt collectors, including medical debt collectors, when calling wireless telephone numbers.

The 11th Circuit held  that the district court lacked jurisdiction to consider the validity of the 2008 FCC Ruling, pursuant to the Hobbs Act.

http://media.ca11.uscourts.gov/opinions/pub/files/201314008.pdf

With regards to autodialers to cellphones  see

http://www.ca11.uscourts.gov/opinions/ops/201310951.pdf

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: [email protected]