Talk:Telephone Consumer Protection Act of 1991

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Debt Collectors calling Cell-Phones with an autodialer or pre-recorded message[edit]

I deleted a false statement that debt collectors could call cell phones using an artificial voice or prerecorded message. The FCC Opinion that the poster referenced in his edit summary only stated that leaving your cell phone number on a credit application amounts to prior express consent to be called. It does state that debt collectors are bound by the TCPA and if nthey get a cell phone number through skip-tracing, they are liable for placing calls to that number with an artificial voice or pre-recorded message. In addition, at least one federal court has since ruled that the FCC Opinon was in contradiction to the plain language of the Act, and that a consumer only provides express permission to be called on their cell phone using an artificial or pre-recorded voice if they state in unambiguous terms that the debt collector can call them on their cell phone using an artificial recording or a prerecorded message. They said that providing your cell phone on an application may be implicit consent, but it is not express consent as stated in the Act. This statement should not be interpreted as legal advise. I am not a lawyer. I am just editing wikipedia because I read a statement in the article that I knew to be false. Failureofafriend (talk) 21:39, 21 November 2008 (UTC)