TCPA Question

[BV80]

A CA has called my husband's cell and left 7 messages and 1 on my cell. They never gave the "this is an attempt to collect a debt", etc. We saved the messages, so we've got them FDCPA violations.

We never gave anyone our cell numbers. If we gave them to the OC, we definitely don't remember doing so. Most of the messages were recordings. I thought of going after the CA for the "express permission" violation in the TCPA. Then it occurred to me...what about the OC?

If the CA claims they got our numbers from the OC, is the OC liable for the calls made by the CA? The OC would have to prove we gave them our numbers. "Captured numbers" are not considered "prior express permission".

So, if the CA claims they got our numbers from the OC, can we go after the CA AND the OC for TCPA violations?

[FL4answer58]

A CA has called my husband's cell and left 7 messages and 1 on my cell. They never gave the "this is an attempt to collect a debt", etc. We saved the messages, so we've got them FDCPA violations.

We never gave anyone our cell numbers. If we gave them to the OC, we definitely don't remember doing so. Most of the messages were recordings. I thought of going after the CA for the "express permission" violation in the TCPA. Then it occurred to me...what about the OC?

If the CA claims they got our numbers from the OC, is the OC liable for the calls made by the CA? The OC would have to prove we gave them our numbers. "Captured numbers" are not considered "prior express permission".

So, if the CA claims they got our numbers from the OC, can we go after the CA AND the OC for TCPA violations?

Sue them. This is old but read how --- it references Telemarking but hold true for CA and or FDCPA if you go that route...

http://www.panix.com/~eck/telemarket.html

I followed a similar path have had each and every caller stop - with money in my pocket as result of thier abuse.

Edited September 18, 2010 by FL4answer58