The Telephone Consumer Protection Act (TCPA) was passed in 1991–well before the widespread use of cellular phones. As such, specific language in the act only prohibits telemarketers from making robocalls to residential phone lines. Federal courts have, however, held that cell phones are considered residential, and certain calls and texts sent to your cell phone may qualify as unlawful automated calls under the TCPA.
If you’ve been receiving unmanageable automated spam calls and text messages on your cell, contact TCPA enforcement lawyer Jibrael S. Hindi.
The TCPA, codified as 47 U.S.C. § 227, prohibits any person (or entity) either within or outside the United States from using an ‘automatic telephone dialing system’ to initiate any telephone call to a ‘residential telephone line.’ The act also prohibits telemarketing companies from using any artificial or prerecorded voice to deliver a message without the prior consent of the person called. Congress used the term ‘residential telephone line’ in 1991 without fully understanding how cell phones would soon take the place of most residential landlines.
Although the TCPA intended to prevent unsolicited robocalls to personal lines, the text does not specifically apply to cell phones. It does, however, apply to cell phone services if the receiver is charged on a minute-by-minute basis or for an international call. Though somewhat outdated, federal courts have found that cell phones qualify as modern-day residential phone lines under the TCPA. The Federal Communications Commission (FCC) also considers ‘text messages’ to be types of ‘calls’ for TCPA purposes. This means the TCPA does apply to unsolicited robocalls and text messages sent to cell phones.
Calls made by automatic dialing systems – generally modern computer programs – allow telemarketers to blast your cell phone with unwanted robocalls consistently. This may interrupt your ability to receive desired calls and even impact your home life and business. Many companies also ‘spoof’ phone numbers, making an international solicitation appear as a local call.
If your cell phone number is on the national ‘do not call’ registry, you never consented to receive automated calls, or you opted out of such calls – speak with a dedicated TCPA enforcement lawyer to discuss your right to recover the following damages:
Certain entities, such as nonprofit organizations or established business partners, are exempt from the TCPA. Further, live persons are permitted to manually dial your cell phone in certain cases. You should always speak with a dedicated TCPA regulatory attorney to discuss whether you qualify to obtain substantial damages.
If you’ve been bombarded with robocalls and text messages on your cell phone – especially a business line – you might be entitled to substantial damages under the TCPA. Damages might even cover all attorney’s fees incurred to enforce your federal rights. Contact TCPA lawyer Jibrael S. Hindi today by calling 844-542-7235 or contact us online to discuss recovering compensation for unsolicited robocalls.