The Federal Telephone Consumer Protection Act (TCPA) and Wrong person calls to cell phones

James Marvin Feagle

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Posted over 1 year ago. 1 helpful vote

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Recent Georgia Supreme Court decison on the TCPA

The GA Supreme Court unanimously reversed the Ct of Appeals in a TCPA case. Consumers can recover for every illegal fax or robocall made to their telephone numbers without having to prove that each call or fax was received. If anyone is receiving unwanted robocalls (autodialed calls or calls using an artificial or prerecorded voice) for any purpose (debt collection, marketing, political calls), let me know. Those calls can potentially be worth between $500.00 and $1,500.00 each. We find debt collectors and banks calling the wrong number and harassing people who don't owe them any money to be the biggest violators. With people changing their cell phone numbers when they are in debt, new recipients of these old numbers often are barraged with calls and harrassed when they were not the debtor.

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The Federal FDCPA as it relates to wrong person cell calls and the TCPA

Section d(6) of the Federal Fair Debt Collection Practices Act (FDCPA) requries that a collection agency that makes a call to a non-debtor, adequately disclose the caller's identity. A violation of the FDCPA provides for up to $1000 in statutory damages under plus attorney fees. We have often mated TCPA violative calls to the wrong person with this statute to enhance our client's recovery.

Additional Resources

The FDCPA in its entirety can be found here: http://www.law.cornell.edu/uscode/text/15/1692 The TCPA in its entirety can be found here: http://www.law.cornell.edu/uscode/text/47/227 Here is a link to a recent AJC article discussing the Georgia Supreme Court's decision in lay terms: http://www.ajc.com/news/business/court-sides-with-norcross-firm-in-junk-fax-case/nSxZB/

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