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Question: With respect to TCPA, to have expressed consent one would need "informed consent" before having expressed consent. Right or wrong? After all, upon meeting someone and shaking their hand does not give them expressed consent to take the keys to your car does it?

 

I'm asking because since most consumers have moved to a mobile-only phone enviroment for just about everything, having your number with a company you've been dealing with for over 13 years decides they want to robo call you and claims they had consent based on that, yet you were never "informed" that to deal with them by phone gives them the right to robo call you.

 

Let's face it, if the only means of communcating with someone via their mobile number (and email) how does that entitle them to robo call you?

 

Confused

 

Any help in understand this would be greatly appreciated.

 

Thanks in advance.

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The TCPA is designed to protect consumers against advertisers and unwanted calls generated by automatic dialers. Your phone company can call you because they have a previous business relationship with you, unless you wrote them and told them not to call, you. Your phone company probably won't call you with an automated message. You have to proive all of these elements.

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The TCPA does not allow for robocalls to your cell unless there's an existing business relationship AND the business has express consent.

 

I'm not sure "informed consent" would make a difference with the TCPA unless the agreement between you and the other party stipulates that robocalls are allowed.  Just because it states "we can call you", that doesn't imply they can break laws.  If they want to cover every base and include robocalls, I would think that would have to specified in the agreement.

 

Are you referring to your cell phone carrier or another business?

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Thanks guys. I just find the law vauge at best. In this case it's my mortgage company which has always had the same cell number for 13 years. Around November of 2011 they decided they would begin robo calling me anywhere from 6 to 7 times per day leaving those computerized messages on my vmail. At one point I got so sick of it I called them and asked why, what was the purpose and to please stop!! The representative said it was just a reminder call and that he would remove my number from their automatic dialer.

 

Well, four months after that conversation (and after racking up 132 calls) I decided to file a suit. At that point, I said now they clearly have to stop. Well I was dead wrong!!! They are still calling and I have received a total of 102 robo calls since we filed (total 234 calls). If filing a suit isn't getting the message across what will? No one can be this stupid or...?

 

Just to be on the safe side I did check my orginating documents and there is no mention of giving "expressed consent" to robo call me. SIghs.

 

All I have to say is, I hope they call while in court.

 

Thanks again.

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