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ATDS & ADAD Calls

 

ATDS Class Action Lawyers

Some companies illegally seek to advertise their services or products, to collect on past due accounts, or to solicit contributions to non-profit organizations or political parties or candidates with robo-calls. Such calls can be illegal under both state and federal law. The calls tie up the phone system, interfere with privacy and deprive the recipients of the ability to question the calling party.

An Automatic Dialing and Announcing Device (“ADAD”), sometimes referred to as an Automatic Telephone Dialing System (“ATDS”), automatically dials telephone numbers and plays a recorded message once a connection is made. These are the annoying calls that disturb us at the seemingly worst possible time.  When you answer the call a computer recorded voice attempts to solicit your interest in goods or services the business sells.

Laws Governing ADAD and Computer-Generated Calls

The use of automatic dialing and announcing devices is subject to strict regulation on both the state and federal levels, but one of the most important laws regarding Robocall telemarketing is the Telephone Consumer Protection Act. The TCPA prohibits anyone within the U.S. or anyone contacting someone within the U.S. from making robocalls, calling cell phones, or any other service for which the recipient will be charged for the call. This has also been interpreted to include spam text messages.

The Telephone Consumer Protection Act of 1991 (“TCPA”) makes unlawful any call to a cellular telephone number (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.  47 U.S.C. §§ 227(b)(1)(A) & 227(b)(1)(A)(iii).  The term “automatic telephone dialing system” (“ADTS”) refers to equipment that has the capacity (a) to store or produce telephone numbers to be called, using a random or sequential number generator; and (b) to dial such numbers.  47 U.S.C. § 227(a)(1).  Separately, the TCPA also makes unlawful any call to a cellular telephone number (other than a call made for emergency purposes or made with the prior express consent of the called party) using an artificial or prerecorded voice.  47 U.S.C. § 227(b)(1)(A).  Under the TCPA, as interpreted by the Federal Communications Commission (“FCC”), a company on whose behalf a telephone solicitation is made bears ultimate responsibility for any violations of the TCPA.   See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Memorandum and Order, 10 FCC Rcd. 12391, 12397, ¶ 13 (1995). Calls placed by a third-party on behalf of that company are treated as if the company itself placed the call.  See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; Request of State Farm Mutual Automobile Insurance Company for Clarification and Declaratory Ruling, Declaratory Ruling, 20 FCC Rcd. 13664, 13667, ¶ 7 (2005).

The TCPA also prohibits using an ADAD to tie up two or more telephone lines at a business at the same time. You are protected against being contacted between the hours of 9 PM and 8 AM, and telemarketing companies are required to prevent Do Not Call violations by refraining from contacting you if your number is on the list.

The TCPA provides a private right of action to recover actual monetary loss or $500 in damages, whichever is greater. Damages of $1,500 are available for willful violations of the law.

Robo-Call Lawsuit Attorneys?

As soon as you have reason to believe that you have received a ADAD, contact our TCPA Class Action Lawyers for assistance.  Mr. Mendelsohn and our Robo-Call Attorneys are ready to provide the one-on-one attention you need and deserve.  For your free consultation with a Robotic Call Class Action Lawyer, fill out our contact form or call us at 973-228-0391.

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