The TCPA has specific rules for called parties, and it's essential to understand them to avoid any compliance issues.
The TCPA defines a called party as an individual or business that receives a call.
To be considered a called party, the recipient must have a physical presence in the United States, which includes landlines and cell phones.
The TCPA prohibits calling or sending automated messages to called parties without their prior express written consent.
Broaden your view: Calling Party
Consent Requirements
In order to make a call to a cell phone using an automatic telephone dialing system or an artificial or prerecorded voice, prior express consent of the called party is required.
The called party is defined as the person who owns the cell phone number, not the person who provided the number to the creditor.
The Eleventh Circuit disagrees with the trial court's reasoning that consent can be given by someone who lives with the called party, has a child with them, and shares a cell phone plan with them.
Here's an interesting read: Telephone vs Cell Phone
State Farm was not entitled to call Osorio's cell phone because he never provided them with consent to do so.
If a debtor provides a cell phone number to a creditor, but later reassigns that number to a third party, the creditor cannot assume consent to call that number.
In the case of Soppet v. Enhanced Recovery Co., LLC, a debt collector made calls to a cell phone number provided by the debtor, but the number had been reassigned to a third party, who began receiving the calls.
Intriguing read: Phone Call over Internet
TCPA Analysis
To qualify as a "called party" under the TCPA, you must be the subscriber or consumer assigned the telephone number dialed and billed for the call, or the non-subscriber customary user of a telephone number included in a family or business calling plan.
The Federal Communications Commission (FCC) defines a "called party" in this way, and it's a crucial distinction. The court in Blume held that the plaintiff failed to allege she was a "called party" within the meaning of the TCPA.
Broaden your view: ISDN Digital Subscriber Line
Only called parties may state a claim under the TCPA, so if you're not the person receiving the call, you may not have a valid claim. This is a key takeaway from the Blume case.
The court in Blume dismissed the TCPA claim because the plaintiff was not a called party, but remanded the case for further proceedings on other claims.
On a similar theme: Do Not Call List
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