Annoying telephone calls

The U.S. Supreme Court recently ruled on the Telephone Consumer Protection Act of 1991 (also known as the TCPA). Voluminous consumer complaints about abuses of computerized calls dispatched to private homes and other abusive telephone practices prompted Congress to pass this law which authorizes any State to bring civil actions to enjoin prohibited practices and to recover damages on their residents’ behalf. Consumers may also privately sue collection agents or telemarketers who violate the TCPA.

Congress made findings that unrestricted telemarketing can be an intrusive invasion of privacy. Congress responded to many consumer complaints and outrage over the proliferation of intrusive, nuisance telemarketing calls to their homes. Automated or pre-recorded telephone call made to private residences were rightly regarded by recipients as an invasion of privacy.

The TCPA outlaws four practices. First, the Act makes it unlawful for a telemarketer to use an automatic telephone dialing system or an artificial or pre-recorded voice message, without the prior express consent of the called party, to call any pager, cellular telephone, or other service for which the receiver is charged for the call. Second, the TCPA forbids using artificial or pre-recorded voice messages to call residential telephone land lines without prior express consent. Third, the Act prohibits unsolicited advertisements sent to fax machines. Fourth, it bans automatic telephone dialing systems which engage two or more of a business’ telephone lines simultaneously.

In Marcus D. Mims v Arrow Financial Services, LLC, Mr. Mims, a Florida resident, alleged that Arrow, seeking to collect a debt, repeatedly used an automatic telephone dialing system or pre-recorded or artificial voice to call his cellular phone without his consent. He commenced suit in the Federal District Court for the Southern District of Florida under the TCPA, charging that Arrow willfully or knowingly violated the TCPA. He sought declaratory relief, a permanent injunction, and money damages. The U.S. Supreme Court ruled that such consumer lawsuits brought under the TCPA can be commenced in either State or Federal courts. This broad interpretation of the TCPA will hopefully help curb abusive telemarketing and collection calls to consumers.

Telephone numbers can be placed on the National Do Not Call Registry by signing on the Registry at www.donotcall.gov. Telephone numbers placed on the Registry will remain listed on there permanently due to the Do-Not-Call Improvement Act of 2007, which became law in February of 2008. More than 157 million phone numbers are on the National Do Not Call Registry.