TCPA, Cell Phones, Magistrate Court...

[sparr]

I am thinking about suing businesses that robodial my cell phone, or call with prerecorded messages. I will make some enemies, and possibly lose some services*, but weighing that against the potential monetary judgements (a gentleman in DC who does this makes thousands of dollars per year) is pretty tempting.

The TCPA provides for laws and regulations that cover all of this, to the tune of $500 per infraction, some individual calls being multiple infractions (robodial, pre-recorded message, etc).

In Georgia I would have to file in Magistrate Court, since we do not have a Small Claims court. That means defendants could bring a lawyer, which would hurt my chances of winning.

* - My gas utility provider might cut my service off if I sue them, but they have made at least $10000 worth of infringing calls to my cell phone already this month. If I can recover even 10% of that, it would be well worth switching gas companies.

47CFR64.1200

(a) No person or entity may:

(1) Initiate any telephone call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice;

...
(iii) To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call.

47USC227

...
(b) Restrictions on use of automated telephone equipment

(1) Prohibitions

It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—
(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice—

...
(iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call;

...
(3) Private right of action

A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State—
...

(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or
...

If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.

Comments

[paranatural.livejournal.com]

Are you on the national do not call list?

[sparr0.livejournal.com]

I am, but that only applies to telemarketing. Not that I won't go after telemarketers, and there are many more violations I could get them for, but I am aiming for non-telemarketers first because their calls are so much more predictable.

The last time I was motivated to do this was last election cycle, when all the campaigns kept calling me. Hard to sue a campaign though, they have no money once the season is over.