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TCPA lawsuits are on the Rise!
Protect your Business Now!
Read the
Legal Opinion Here
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Do
you Auto-Dial? |
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Case
Facts:
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Customer
incurs debt but has provided "Prior Express
Consent" for Cell Phone contact.
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Creditor
hires Bill Collector to dun Customer for the
money
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Bill
Collector uses a machine (Auto-Dialer, Robo-Dialer,
ATSD) to repeatedly (29 times) call the Cell
Number
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But, Customer
no longer subscribes to Cell Number which
has been reassigned to Bystander
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Bystander is
out of pocket the cost of the airtime
minutes for long voicemails
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Bystander
files suit against Creditor for statutory
damages of $500.00 per call or $1,500 per
call if calls were made intentionally
Q: Is it OK
for the Creditor to make the Calls to the Cell
Phone thinking they were reaching the Customer?
A: NO - Judge EASTERBROOK
AFFIRMS that "Called Party" is the actual person
being called; not the "Intended Recipient" of
the call.
Judge EASTERBROOK
Rules that Creditors using Auto-Dialers
utilize a
Reverse Phone
Lookup to verify the "Called Party"
prior to auto-dialing!
" We
[judges EASTERBROOK, FLAUM, and WOOD] conclude that
'called party' in § 227(b)(1) means the person
subscribing to the called number at the time the
call is made [not the "intended party"]. The district court's decision is
AFFIRMED. " ...
... "Use a reverse lookup to
identify the current subscriber to Cell
Number." ...
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Recent and
Current Court Cases |
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Auto-Dialers and TCPA
/ FDCPA / FCRA Compliance - AN INDUSTRY HURDLE!
- What can be done?
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Defendant |
Settlement
Year |
Basic Case Info |
AutoDialer
Used? |
Fund
Amount |
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Citibank |
2012 |
Violations of TCPA to Cell Phones |
Yes |
$5 Million |
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Twitter |
2012-2013 |
Violations of TCPA by Text Messages |
Yes |
Ongoing |
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Google |
2012-2013 |
Violations of TCPA by Text Messages |
Yes |
Ongoing |
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Alliance One |
2011 |
Violations of TCPA to Cell Phones |
Yes |
$9 Million |
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Sallie Mae |
2011 |
Violations of TCPA to Cell Phones |
Yes |
$24.15 Million |
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JP Morgan Chase |
2012 |
Violations of TCPA to Cell Phones |
Yes |
$9 Million |
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Alliant Law Group |
2011 |
Violations of TCPA to Cell Phones |
Yes |
$1 Million |
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Global Credit And Collection Corp. |
2012 |
Violations of TCPA to Cell Phones |
Yes |
$550,000
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Red Bull |
2012 |
Violations of TCPA by Text Messages |
Yes |
Ongoing |
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Lead Click Media and B2Mobile |
2011 |
Violations of TCPA to Cell Phones |
Yes |
Ongoing |
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Key-Art Publishing Corporation |
2010 |
TCPA Violations of sending Junk Faxes |
Yes |
$237,600
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Payless Shoes |
2010 |
Unsolicited Text Messages |
Yes |
Ongoing |
See the FULL List Here....
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SMS Texts are NOT
EXEMPT |
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SMS Texts to Cell
Phones have the same exposure as Auto-Dialed
Phone Calls.
SMS Texts are considered a "Call" as per the
TCPA. Any company using SMS Texts MUST
verify that the party they are contacting is
indeed the correct person (the number has not
been reassigned) and that they have provided
Prior Express Consent before contact is made.
Use our Reverse Phone
Lookup service to validate your SMS
Text Recipients prior to making contact.
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