Quote Originally Posted by abfunders View Post
John, where did you get your information? No cold calling cell phones? That would kill every call center since most businesses are now run by cellphone. I believe that you are incorrect.

I am on a mailing list from telemarketinglawyer.com (I spoke with the lawyer directly once). What you describe has never been a problem. It's only unsolicited calls from a auto-dialer that are the problem.

Yes, if they opt-out, you must not call them back, and you need to have a way to mark that down, as well. Again, so that you won't get sued by the TCPA.

Yeah, and merchants just answer their phones anymore. SMS sometimes helps, but many of my friends are spoof-calling to get through. Spoof-calling is not illegal the way my friends are using it.

https://www.fcc.gov/consumers/guides...-and-caller-id
Under the Truth in Caller ID Act, FCC rules prohibit any person or entity from transmitting misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongly obtain anything of value. If no harm is intended or caused, spoofing is not illegal. Anyone who is illegally spoofing can face penalties of up to $10,000 for each violation. In some cases, spoofing can be permitted by courts for people who have legitimate reasons to hide their information, such as law enforcement agencies working on cases, victims of domestic abuse or doctors who wish to discuss private medical matters.
Micah,

So technically my understanding of the law right now is that you can't make an unsolicited call to a consumer's cell phone.

The problem is that when a business owner takes his "consumer cell phone" and runs his business through it, in case of a lawsuit, he "might" be able to argue that you are cold-calling his "consumer cell phone" which might fall under the law. Of course you can argue that he is using his cell phone for a commercial purpose, but again, that's why I said it gets "tricky" when you are cold-calling cell phones.

I personally don't run any unsolicited call campaigns (live calls nor robocalls) to cell phones. The only time I call a cell phone is after a merchant has personally given it to me.