Darey Williams v. Ally Bank

San Diego, California consumer law lawyers represented the Plaintiff who sued on a Telephone Consumer Protection Act violation theory.

The TCPA restricts telephone solicitations (i.e. telemarketing) and the use of automated phone equipment. The Act limits the use of pre-recorded voice messages, automatic dialing, and SMS and fax use.



47 U.S.C. 227 provides:



It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—

(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any 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, unless such call is made solely to collect a debt owed to or guaranteed by the United States;

Settled and dismissed.