We were informed today that Citifinancial Auto is still using the same stall tactics they used when they spoke with the individual whose rights they violated. They claim their position is that the reader gave them permission to call their cell phones with predictive dialers, because those were the contact numbers given to them.
Well I am going to help Citifinancial’s Attorneys with their research. Giving a number as a contact number is one thing. However that does not give you permission to break the law and call an leave prerecorded messages or use an auto dialer to call that number. It is not the provider of the phone number to revoke that permission, it is the responsibility of the person calling with the predictive dialer to make sure that they are not calling a cell phone.
It sounds like Citifinancial Auto made their bed now they have to lay in it. What was really stupid on Citifinancial Auto’s part is they knew they were dealing with someone who knows the Telephone Consumer Protection Act and he warned them and they still kept calling his cellphone with a predictive dialer. DUH !!
If I were this particular consumer I would seek a lawyer to file a class action suit against the big bad CitiGroup and bring in national attention. So Mr. R if you are reading this let Clark Howard know and the rest of the world. I am sure there is an attorney somewhere that would love to beat these self righteous bastards in the ground.
Here is an interesting article that will alone prove this consumers case that using an autodialer to call a cellphone is ILLEGAL.
It is written by the ACA - The American Collectors Association, in simple terms you must have prior permission to call a cellphone with a predictive dialer You can see their stance here.
Also let me attempt to give Citifinancial Auto attorneys watching this some cluse on how to read the law.
47 C.F.R. 64.1200 (Restrictions on Telephone Solicitation)
Code of Federal Regulations
Title 47Subpart L–Restrictions on Telephone Solicitation
§ 64.1200 Delivery Restrictions.
(a) No person may
(1) Initiate any telephone call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice,
(i) to any emergency telephone line, including any 911 line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;
(ii) To the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or
(iii) To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call;
(2) Initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by § 64.1200(c).
(3) Use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.
(4) Use an automatic telephone dialing system in such a way that two or more telephone lines of a multi-line business are engaged simultaneously.
(b) For the purpose of § 64.1200(a) the term “emergency purposes” means calls made necessary in any situation affecting the health and safety of consumers.
(c) The term “telephone call” in § 64.1200(a)(2) shall not include a call or message by, or on behalf of, a caller:
(1) that is not made for a commercial purpose,
(2) that is made for a commercial purpose but does not include the transmission of any unsolicited advertisement,
(3) to any person with whom the caller has an established business relationship at the time the call is made, or
(4) which is a tax-exempt nonprofit organization.
If you will not the highlighted text you will see there is NO Exemotion for calling cellphones with a predictive dialer. The exemptions given are if they apply to:
(2) Initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by § 64.1200(c).
Learn reading comprehension or be ready to pay up big time!! There is no EXEMPTION for calling cell phones with an automated dialer. None, Nada, Zip, Zero
Stay tuned I will have a copy of the July 17, 2007 call to Melva where the reader told her not to call his cellphone.
* The webmaster is not an attorney opinions and views expressed here are his own. Do not take this as legal advice it may get you in trouble. If Citifinancial Auto is calling your cell phone leaving recorded messages get an attorney and sue their ass.
