by David O. Klein
The Telephone Consumer Protection Act ("TCPA") prohibits the use of an autodialer or prerecorded voice when placing certain calls to consumers' cellphones without their prior express consent. Recently, the Ninth Circuit clarified that the TCPA prohibits companies from placing all such non-emergency calls to consumers' cellphones, without prior express consent, and not just those placed for advertising or telemarketing reasons. In a case captioned Loyhayem v. Fraser Financial and Insurance Services, the Court held that the TCPA's ban on using an autodialer or prerecorded voice applies to job robocalls as much as it does to sales calls.
formatting link