The Federal Consumer Protection Act (TCPA; 47 U.C No. 227) and its application procedures (47 C.F.R. No. 64.1200) regulate the use of automatic telephone voting systems (ATDS) and artificial or pre-recorded voices (“pre-recorded messages”) in telephone communication. As a general rule, the TCPA prohibits the use of an ATDS or pre-recorded message to contact mobile phones and pre-recorded telemarketing messages to contact private phones, unless the recipient has given “consent” to receive the call/text and has not retracted. However, some district courts have reached the opposite conclusion and have allowed applicants to revoke their consent, whether or not that consent is part of a contract. Some of these courts believed the FCC`s 2015 order. See z.B. Cartrette v. Time Warner Cable, Inc. (E.D.N.C.). But virtually all of these decisions are due to ACA International, which stated that “in the Commission`s order” revocation should be “discussed with the consents” granted under a contract.
Some categories of calls made on residential lines still do not require prior express consent, including non-telemarketing information calls and calls from political and non-profit organizations. Automatically selected or pre-recorded calls that mobile operators make free of charge to their customers also do not require prior express consent. However, the existing prior express consent requirements for other non-telemarketing calls to wireless numbers remain. 4) The appeal must be closely linked to the purpose for which approval was granted. Before you even talk to consumers, you need your explicit consent. Explicit consents include clear and unequivocal disclosure that, if consent is required, two types of “explicit prior consent” may be involved in the TCPA. Prior express consent is required to place automatically selected and uns requested calls or texts on a mobile phone. Prior express written consent, an increased form of consent, must be proven by a written agreement signed by the recipient of the call and is required to send automatically selected calls or texts on a mobile phone. The written agreement must include a clear and striking disclosure that informs the consumer that (1) the consumer is authorized to sign the autodialed telemarketing agreement or promotional calls or texts, and (2) the consumer is not required to sign the contract as a condition for the purchase of goods, goods or services. Properly dealing with these key requirements is essential for TCPA compliance. 2) there is no explicit consent if the recipient of the call has given “contrary instructions” (i.e. does not wish to be contacted by that number); It then filed for voluntary bankruptcy and listed an amount of debt as unsecured creditors, but did not add the DISH agreement to its list of performance and non-expired leases.
The amount owed as DISH was reduced as a result of the bankruptcy court discharge decision.