![]() A consumer can recover up to $500 per phone call that violates the TCPA, and up to $1500 per phone call if the consumer can show that the TCPA was violated knowingly or willfully. Dell Financial Services, LLC, 2012 WL 1942079 (M.D.Pa. ![]() Revocation of that prior express consent may be possible, with written revocation being preferable to oral revocation, but one court has recently held, in a poorly reasoned decision, that the TCPA does not permit such revocation. So the easiest way to know that there is no prior express consent is to know that you did not provide your cell phone number to the original creditor, or anyone else trying to collect the debt if it is not the original creditor calling you. The courts have concluded that if you provided your cell phone number to the original creditor in connection with the debt, that constitutes prior express consent. The third requirement can be a little more tricky. You can also know that an autodialer is being used if you hear a computerized voice or prerecorded message or a voicemail is left by a computerized voice or prerecorded message. This delay is time it takes for the autodialer to notify the operator that a person has answered and for the operator to pick up the phone and begin talking. ![]() Generally, you will know that an autodialer is being used if, when you answer, there is a slight delay between the time you answer and a real person responds to you. The second requirement, that the call be made by an autodialer, isn't that complicated either. The calls must be placed to a cell phone. First, the cell phone requirement is easy. Let's briefly discuss these requirements. (3) without the consumer's prior express consent. So, to prevail in a TCPA lawsuit, the consumer must show: The primary goal of the TCPA is to prevent unauthorized telephone calls to your cell phone made by an autodialer. Its application is pretty specific, however. If you are getting harrassing calls or robocalls, give me a call for a free consultation.The Telephone Consumer Protection Act, or TCPA for short, is a great consumer protection statute for Indiana consumers. “The TCPA is designed to protect individual consumers from receiving intrusive and unwanted telephone calls.” Mims v. The FCC received more than 215,000 TCPA complaints in 2014.” Fact Sheet: Wheeler Proposal to Protect and Empower Consumers Against Unwanted Robocalls, Texts to Wireless Phones, Federal Communications Commission, (May 27, 2015). There are thousands of complaints to the FCC every month on both telemarketing and robocalls. See “Unwanted calls and texts are the number one complaint to the FCC. In 1992, the Commission adopted rules to implement the TCPA, including the requirement that entities making telephone solicitations institute procedures for maintaining company-specific do-not-call lists. The rules apply to common carriers as well as to other marketers. The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. According to the Federal Communications Commission: In an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act (TCPA). The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone equipment. Restrictions on solicitations and automated calls
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