Previously we published an article, “Commonsense Prevails… When Consent is Contractual,” which outlined a district court ruling* that basically means it is not a violation of the Telephone Consumer Protection Act (TCPA) – in other words, it is entirely legal to call a consumer – when he or she signs a document that says you or your third-party collection agency can contact them at the number of their choosing using automated phone calling technology if they fail to pay their bill.
Common sense, right? But for some reason, in districts across the country, courts are hearing and punishing first and third-party companies for doing just that. Our colleagues across the board are shaking their heads while coughing up hundreds of thousands, if not millions, of dollars along the way. Well, there may just be a silver lining appearing on the December horizon. Enter Facebook.