Whether you are at home relaxing or out on the town, you expect your time to be enjoyable. When you are receiving unsolicited calls or texts, however, the reality may be different. These calls and texts can become more than bothersome, adding stress to your everyday life and affecting you in a noticeable way. When they are constant, you feel that there is very little you can do.
The Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission’s (FCC) rules were created to address the telemarketing practices that threaten consumer privacy and public safety. This protection has been extended to unwanted emails, text messages, and faxes.
Under the Telephone Consumer Protection Act (TCPA) companies are prohibited from sending automated text messages to mobile phones without receiving permission first. This can become an issue when a cellular phone number has been recycled. When this occurs, the original user of that phone number may have given their permission to be called or text messages to be sent, however the new user may not have.
There has been an increase in the amount of litigation under the Telephone Consumer Protection Act (TCPA). This is likely due to an increase in the use of marketing to mobile phones. Since there has been a growth of technologies that easily reach smartphone users, compliance has become difficult since the rules are increasingly complex and unclear.
The meaning of "called party" under the Telephone Consumer Protection Act (TCPA) has not always been understood by telemarketers and debt collectors. In 2012, the Seventh Circuit, finally addressed the meaning of the term
Under the Telephone Consumer Protection Act (TCPA) calls made to cell phones using automatic dialing systems or a prerecorded voice without the prior express consent of the party called are prohibited. However, if prior express consent is given, it can be revoked at any time provided it is revoked in a proper manner. How prior can be revoked varies from jurisdiction to jurisdiction.
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