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Telephone Consumer Protection Act Are you receiving unwanted telemarketing phone calls? Learn your rights! I this forum you will find information regarding the National Do-Not-Call Registry, Automatic Telephone Dialing Systems and Artificial or Prerecorded Voice Calls and more importantly; Actions You Can Take Against Telephone Solicitation Calls Made in Violation of the Rules. Post pertaining to the telephone consumer protection act (TCPA) will be found here...

 
 
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Old 07-10-2006, 12:07 AM   #1 (permalink)
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A slight twist on phone regulations

Terminating a collector's phone service

Could this be used to hurt CA's? If they don't have phone service they can't operate they way they want to.

http://www.sbc.com/Large-Files/RIMS/...s/tx-ac-02.pdf

2.2.2 Unlawful and Abusive Use

(A)The services provided under this tariff shall not be used for an unlawful purpose or used in an abusive manner.

Abusive use includes:

(1)The use of the service of SWBT for a call or calls, anonymous or otherwise, in a manner reasonably expected to frighten, abuse, torment or harass another; or

(2) The use of the service in such a manner as to interfere unreasonably with the use of the service by one or more other customers.

(B) SWBT shall, upon written request from a law enforcement agency, acting within its apparent jurisdiction, terminate service to any subscriber or customer identified as having utilized service provided under this tariff in the completion of abusive or unlawful telephone calls. Service shall be terminated by SWBT as provided for in its General Exchange Tariff.

http://www.sbc.com/Large-Files/RIMS/...e/tx-ge-23.pdf

REGULATIONS APPLYING TO ALL CUSTOMERS' CONTRACTS
7. Obligations of Customers and Rights of SWBT (Cont'd)
7.2 Rights of SWBT (Cont'd)
7.2.7 Abuse of Telephone Service -- SWBT may discontinue service which is used:

(A) In such a way that interferes with the service of other telephone
users, SWBT may discontinue service after proper notice, in accordance with 23.46(b)(2) of the Commission's Substantive Rules. SWBT will make a reasonable attempt to notify the customer and allow the customer a reasonable opportunity to remedy the situation.

(B) For any purpose other than a means of communication;

(C) To communicate profane or obscene language;

(D) For a call or calls, anonymous or otherwise, if made in a manner
which reasonably could be expected to frighten, abuse, torment or
harass another;

(E) In any fraudulent or unlawful manner; or

(F) In a manner which violates any of the lawful regulations of SWBT.

(G) To obtain a customer's listed name, address or telephone number
from Directory Assistance for any purpose other than to facilitate
the making of a telephone call.
FCC info on abusive and harassing calls

http://www.fcc.gov/Reports/tcom1996.pdf

Other sources of info

http://www.el-cerrito.org/police/harrasingcalls.html

---------------------------------

Still looking for more resources, if someone finds them please post.

Looking for:

"Use of the Telephone for Debt Collection Purposes" FCC release no. 70-609, 35 Fed. Reg. 9,873 (June 16, 1970)

Maller v. New England Telephone and Telegraph Company
44 F.C.C. 2d 614 (1973)
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Old 07-10-2006, 12:43 AM   #2 (permalink)
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interesting...
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Old 07-10-2006, 05:57 PM   #3 (permalink)
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Interesting indeed, ther more ammunition we have to deal with the shady collectors the better.
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