Posted by Sequel on June 18, 2014
Topic: blogs, Privacy
Tags: Auto-dialing
Right to Auto-Dial a Cell Does Not Survive Transfer of the Number

If your business uses auto-dialing of cell phones as a way of communicating with customers, you may find yourself facing an unexpected new burden after a ruling by the Eleventh Circuit Court.

That court, in the case of  Breslow v. Wells Fargo Bank, N.A., determined that when the plaintiff transferred ownership of the phone and its number to another party (in this case her daughter), the right of the bank to contact her for debt-collection purposes lost its validity.

The Telephone Consumer Protection Act (TCPA) prohibits the use of automated dialing systems to call cell phones without the consent of the “called party.” In this case, the defendant argued that the “called party” in this case should be seen as meaning the “intended recipient.” The lower court disagreed and the Eleventh Circuit concurred.

While acknowledging the business obstacles posed by its ruling, the Court said these were issues for Congress to address as it considers amending the 23-year old law.

 

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