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TCPA Comments to the FCC

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

The Federal Communications Commission (“FCC”) is currently taking comments on the Telephone Consumer Protection Act (“TCPA”); through November 30, 2012, the FCC is accepting and reviewing comments on the TCPA, particularly in regards to the issue of spam text messages sent to mobile phones. The TCPA restricts telephone solicitations, the use of automated telephone equipment, and unsolicited advertisements. Specifically, the TCPA limits the use of automatic dialing systems, prerecorded voice messages, unsolicited text messages, and junk faxes.The U.S. Chamber of Commerce has submitted a lengthy document supporting FCC action to better define “the obligations of calling parties,” and to delineate between calls (in other words, text messages sent from computer systems) that are unsolicited but inform, and unsolicited calls that merely annoy. The Chamber of Commerce cited school closing texts as an example of “non-telemarketing, informational calls,” though it’s hard to see how schools have anything to do with commercial text messaging, or how they fall under the Chamber of Commerce’s purview.What is important from this long set of comments to the FCC is the information it provides to mobile phone users. Since the TCPA was first enacted, in 1991, cell phone use in America (and internationally) has skyrocketed. As the primary method of communication for more than half of Americans, mobile phone service has come down in price dramatically in the last two decades; the devices themselves, especially with the introduction of smart phones, have stayed around the same price points—mid-to-high consumer electronics prices.When the Telephone Consumer Protection Act (“TCPA”) was drafted and enacted in 1991, there were under 7.5 million wireless service customers in America; in 2011, there were 321 million wireless subscriptions (more than one for every citizen). As cell phone use has increased, landline use has rapidly decreased; try finding a working pay phone in Chicago, L.A., or anywhere, really. Consumers have embraced the flexibility of mobile phones, and also the free-flowing information available with smart phones. Forty-four percent of mobile subscribers use smart phones, and many for personal transactions: banking, retail transactions, insurance premiums, etc. The Chamber of Commerce reports it is encouraged by these numbers.While smart phones do make life easier in many ways, they also come with a price. Internet usage always puts privacy in jeopardy (especially when you give out sensitive information, like bank accounts), scam artists proliferate, and spam texts still cost around twenty cents apiece, if you don’t have unlimited texting. Also, should our communications satellites crash to earth, the one third of American households who have discontinued their landline service will be without communication. Returning to the FCC comment period; as wireless service consumers, we do have choices. We can tell the FCC we don’t want unsolicited texts, be they informative or simply junk, and we can vote in legislators who work for consumer rights.So, what should you do when you get a robocall or an unsolicited text message? Hang up the phone. Do not press 1 or any other numbers to get off the list. Then, contact Mike Agruss Law, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. Mike Agruss Law, will do the same for you. We will aggressively enforce the law to stop robocalls and unsolicited text message. Not only will we stop the calls and text messages, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text.

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