[SmartAdvanced]

Thanks! I have always been curious about if it is worth the effort to pursue all the cold calls that I receive after I tell the cold callers that I am not interested, they are calling a cell phone, please don't call me again, and to remove my number.

So according to that article...
Things in my favor to win a lawsuit...
~ I'm not a serial litigant.
~ I've had the same cell phone number since high school in 1996 when it was only used for personal use.
~ I currently receive personal calls and business call on my cell phone.
~ My cell number is listed online as a business phone number for customers, not to lure calls from business-to-business marketers.
~ My cell number is not listed online solely for the purpose of drumming up TCPA lawsuits.
~ I have sustained "injury". I have had to setup blocklist for the ones that call from the same number, but a lot of them change number on every call. So me and my staff are constantly being interrupted with the cold calls.
~ The TCPA prohibits ATDS calls to “any cellphone whether used for personal or business reasons.


Things not in my favor to win a lawsuit...
~ My cell number is listed online as a business phone number.
~ Plaintiff lacked standing to bring claims predicated on the TCPA’s DNC because the cell number at issue was “also for business use, and business numbers are not permitted to be registered on the National Do Not Call Registry.” The court went on, explaining that “because Plaintiff held the Phone Number out to the world as a business phone number, he could not register it on the National Do Not Call Registry for purposes of avoiding business-to-business calls, such as those giving rise to this action.”

So according to what I just learned by dissecting that link you sent is that I would have a good chance of winning suing under the TCPA’s ATDS rules.


Thanks! Great read!

Someone who sues, is a sewer