The Telephone Consumer Privacy Act (47 U.S.C. 227) (“TCPA”) was enacted to protect consumers from automated calls to their cellular phones. Congress recognized that consumers incur charges for calls to cell phones and that marketing companies use automatic robo-dialers to randomly choose numbers. In that regard they provide statutory damages ranging from $500.00 per call to $1,500.00 per call.
The Issue at Hand:
Very often bankruptcy debtors receive these calls from debt collectors after their cases have closed where the creditors are seeking to collect on a pre-petition debt. Your task is to discuss the application of the TCPA to this scenario. Particular attention should be paid to (1) Does the BK filing constitute “revocation of consent” as defined in the ACT; (2) Does a general letter directing the creditor to discuss all issues pertaining to the debt with the Debtor’s attorney constitute “revocation of consent” as defined by the ACT, and (3) the reasonableness of attorney’s fees for this sort of action as per California Civil Code Section 1788 (Rosenthal Act).
All papers shall be submitted via email to [email protected] on or before June 30, 2015. Essays should be between 750-1,500 words. The winning essay will be chosen and the winner notified via email. The winner will receive $500.00.