[Qtip]

I get a pre-recorded message yesterday on my cell phone. I think my cell number is already on the Do not Call list, is one call enough to sue the little sob's?

[roybean]

Originally Posted by Qtip

I get a pre-recorded message yesterday on my cell phone. I think my cell number is already on the Do not Call list, is one call enough to sue the little sob's?

I think you need to tell them at least once that it is your cell phone (have proof) and not to call you again.

[usofa]

if they call a "land line" they get a free pass the first time. This applies to violations of the do not call list.

As far as calling a cell phone, the TCPA prohibits any calls to a number assigned to a cell phone using a automated telephone dialing divice or a prerecorded or artificial voice. There is no free first call. The FCC regulations have made clear it is the calling parties responsibility to determine if the number is assigned to a cell phone. You can sue and win for the first violation. There are a couple of caveats:

1. They can call for an emergency purpose-probably doesnt not apply
2. They can call with your prior express consent. (not defined by FCC or statute) Usually means that if you gave them the number, they have your consent until you revoke it
3. If the number was a land line telephone number and was switched to a cell phone with number portability there is a safe harbor for 15 days from the date the order to switch was filed. After the 15 days, it is actionable.

The TCPA provides for $500 per call that is a violation plus costs. In addition, if you can show that they willfully and knowingly violated the Act, it may be tripled to $1500 per call.

You must file in state court, statutes specifically created a state court cause of action for private citizens.

Any more questions, just ask me

I have had great luck and income enforcing the TCPA as a private Attorney General

USofA

[Qtip]

Originally Posted by usofa

if they call a "land line" they get a free pass the first time. This applies to violations of the do not call list.

As far as calling a cell phone, the TCPA prohibits any calls to a number assigned to a cell phone using a automated telephone dialing divice or a prerecorded or artificial voice. There is no free first call. The FCC regulations have made clear it is the calling parties responsibility to determine if the number is assigned to a cell phone. You can sue and win for the first violation. There are a couple of caveats:

1. They can call for an emergency purpose-probably doesnt not apply
2. They can call with your prior express consent. (not defined by FCC or statute) Usually means that if you gave them the number, they have your consent until you revoke it
3. If the number was a land line telephone number and was switched to a cell phone with number portability there is a safe harbor for 15 days from the date the order to switch was filed. After the 15 days, it is actionable.

The TCPA provides for $500 per call that is a violation plus costs. In addition, if you can show that they willfully and knowingly violated the Act, it may be tripled to $1500 per call.

You must file in state court, statutes specifically created a state court cause of action for private citizens.

Any more questions, just ask me

I have had great luck and income enforcing the TCPA as a private Attorney General

USofA

USofA great to have you here! Hope that you share some of the stories in the battle field against some of these companies. Welcome!

So in order to file it must be state court, can this be done in small claims?

[William Tygart]

Have you ever filled out a form online requesting a mortgage and used your cell phone as the number?