Author Topic: Interesting Robo-call  (Read 812 times)

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Flyingifr

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Interesting Robo-call
« on: December 13, 2017 07:46:14 PM »
Mrs Flyingifr just got a robo-call. Her number as well as mine are on the Do Not Call Registry. We want to file a complaint about the offending party. Who do you sue when the call-back number is the County Sheriff?
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

11181986

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Re: Interesting Robo-call
« Reply #1 on: December 13, 2017 08:24:23 PM »
Federal, State and Local governments are exempt from the TCPA. Will not be able to successfully sue anyone.

ghost

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Re: Interesting Robo-call
« Reply #2 on: January 11, 2018 06:52:39 AM »
Governments aren't exempt from the TCPA, Campbell ewald v gomez
Lets do this

CleaningUp

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Re: Interesting Robo-call
« Reply #3 on: January 11, 2018 04:57:17 PM »

Governments aren't exempt from the TCPA, Campbell ewald v gomez



Narrow terms.  Deals with whether a settlement offer moots the case.


BellEbutton

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Re: Interesting Robo-call
« Reply #4 on: January 11, 2018 05:43:49 PM »
Governments aren't exempt from the TCPA, Campbell ewald v gomez

Along with CleaningPp's explanation, you misread the ruling.  The court did not rule that governments are not exempt from the TCPA.   Campbell was a advertising and marketing communications agency hired by the navy.  The court ruled that the federal contractor was not immune.

From the ruling:

"[G]overnment contractors obtain certain immunity in connection with work which they do pursuant to their contractual undertakings with the United States." Brady v. Roosevelt S.S. Co., 317 U.S. 575, 583, 63 S.Ct. 425, 87 L.Ed. 471 (1943). That immunity, however, unlike the sovereign's, is not absolute. See id., at 580-581, 63 S.Ct. 425. Campbell asserts "derivative sovereign immunity," Brief for Petitioner 35, but can offer no authority for the notion that private persons performing Government work acquire the Government's embracive immunity. When a contractor violates both federal law and the Government's explicit instructions, as here alleged, no "derivative immunity" shields the contractor from suit by persons adversely affected by the violation.

11181986

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Re: Interesting Robo-call
« Reply #5 on: January 14, 2018 07:10:44 PM »
Governments aren't exempt from the TCPA, Campbell ewald v gomez

Yes they are.  This recently came up in the news because the President sent out a pre-recorded robo-message to constituents in Alabama. 

CleaningUp

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Re: Interesting Robo-call
« Reply #6 on: January 14, 2018 07:17:24 PM »
Citation?...

And since when does "news" equate to "law"?

11181986

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Re: Interesting Robo-call
« Reply #7 on: January 14, 2018 07:51:13 PM »
Google it - specifically "government TCPA exemption" - which is actually quite broad and covers third party contractors.

Also when I say "news" I mean law journals. 

CleaningUp

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Re: Interesting Robo-call
« Reply #8 on: January 14, 2018 08:00:04 PM »
Citation please...You're the one making the claim.

11181986

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Re: Interesting Robo-call
« Reply #9 on: January 14, 2018 10:39:07 PM »

CleaningUp

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Re: Interesting Robo-call
« Reply #10 on: January 15, 2018 08:41:57 PM »
Federal regulations, while given due deference by the court, are NOT law.


11181986

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Re: Interesting Robo-call
« Reply #11 on: January 18, 2018 02:54:43 PM »
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