The Telephone Consumer Protection Act (TCPA) is a great tool to stop unwanted cell phone calls or texts. If somebody calls your cell phone without your prior consent, they are violating the TCPA.
Also, think about debt collectors. When they call your cell phone, they almost certainly are violating the TCPA. The only way they can call your cell is if you told them they could. You aren’t that stupid, are you? I hope not!
Collectors will usually say that they received your consent from the original creditor. There is significant case law that states that express consent cannot be transferred. This is the only defense they will likely have.
To my knowledge, there is only one group that has had any favorable rulings on their ability to send you texts without your consent. The only exemption I am aware of is for package deliveries. A recent TCPA ruling by the FTC ruled the requirement that delivery companies send only one alert per package (one extra notification is allowed for each of the two additional attempts to obtain the recipient’s signature); that parties have the ability to opt out of receiving future alerts and that these opt-out requests be honored within thirty days; and that each notification include specific information on how to opt out of future notifications.
One thing to remember about the FCC rulings is that they are not law. They are not case law. I would make this argument if FCC rulings were used against my case in court. I have not had that happen yet.
I also wanted to mention that I believe that TCPA lawsuits are the wave of the future for Pro Se consumer litigation for a few reasons. The violations of this law are numerous. These cases typically have larger statutory damages. Lastly, these cases are relatively easy for the Pro Se.
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