Sarah Genebacher v. Lee Enterprises, Incorporated, d/b/a St. Louis Post Dispatch

St. Louis, Missouri, consumer law lawyer represented the Plaintiff on a Restrictions of Use of Telephone Equipment law violation theory.



The "Restrictions of Use of Telephone Equipment Act" is more commonly known as the

Telephone Consumer Protection Act (TCPA), which restricts telemarketing and the use of automated telephone equipment. Its main provisions prohibit calls with automated or prerecorded voices to cell phones and emergency lines without prior express written consent, restrict residential telemarketing calls to between 8 a.m. and 9 p.m. local time, and require adherence to the National Do Not Call Registry.

Key restrictions and requirements of the TCPA



Consent is required: Companies must have "prior express written consent" to make marketing calls to wireless numbers using an automated dialing system or prerecorded voice.

Automated calls: Prohibits the use of automatic dialing systems and prerecorded voice messages to make calls to emergency numbers, healthcare facilities, and cell phones without prior consent.

Time restrictions: Residential telemarketing calls are only allowed between 8 a.m. and 9 p.m. in the consumer's local time zone.

Do Not Call Registry: Companies are prohibited from calling any number on the National Do Not Call Registry for telemarketing purposes.

Faxes: Prohibits sending unsolicited commercial faxes.

Caller ID: Requires telemarketers to transmit caller ID information.

Opt-out mechanisms: Requires that prerecorded telemarketing calls include a phone number for the recipient to make a "Do Not Call" request and a way to opt out of future calls.

Company-specific lists: Businesses must maintain their own do-not-call lists for customers who request not to be called again.

Settled for an undisclosed sum and dismissed with prejudice.