TELECOM Digest OnLine - Sorted: Re: First Place, Web Promotion, Unsolicited Calls?

Re: First Place, Web Promotion, Unsolicited Calls?

Steve Sobol (sjsobol@JustThe.net)
Thu, 26 May 2005 19:57:19 -0700

Robert Bonomi wrote:

> If the marketing call came to his _cell_ phone, as he implies, then it is
> a prosecutable violation _whether_or_not_ he is on the federal DNC list.

Under the TCPA, that is only true for sure if the call is autodialed.
I'm not sure about personally-placed teleslime calls. The only wording
that is certain in the TCPA is that autodialed calls to recipient-pays
devices are actionable.

(b) Restrictions on use of automated telephone equipment

(1) Prohibitions

It shall be unlawful for any person within the United States:

(A) to make any call (other than a call made for emergency purposes or
made with the prior express consent of the called party) using any
automatic telephone dialing system or an artificial or prerecorded
voice;

[snip]

(iii) to any telephone number assigned to a paging service, cellular
telephone service, specialized mobile radio service, or other radio
common carrier service, or any service for which the called party is
charged for the call;

Note the prerecord requirement.

> 47 USC 227 expressly forbids marketing calls to _any_ "telephone
> number assigned to a paging service, cellular telephone service,
> specialized mobile radio service, or other radio common carrier
> service, or any service for which the called party is charged for
> the call"

You didn't read that entire section. Start at the point you quoted, go
up a handful of lines and you'll see the prerecord clause.

I did, however, notice:

(B) to initiate any telephone call to any residential telephone line
using an artificial or prerecorded voice to deliver a message without
the prior express consent of the called party, unless the call is
initiated for emergency purposes or is exempted by rule or order by
the Commission under paragraph (2)(B);

Which is pretty cool, as it outlaws ANY prerecord for ANY reason. I
hadn't noticed that before.

JustThe.net - Apple Valley, CA - http://JustThe.net/ - 888.480.4NET (4638)
Steven J. Sobol, Geek In Charge / sjsobol@JustThe.net / PGP: 0xE3AE35ED

"The wisdom of a fool won't set you free"
--New Order, "Bizarre Love Triangle"

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