Nasim Ghebart v. Nationwide Credit and Collection, Inc.

Chicago, Illinois, consumer law lawyer represented the Plaintiff on a Restrictions of Use of Telephone Equipment Act violation.



AI Overview



The Telephone Consumer Protection Act (TCPA) of 1991 restricts the use of automated calling equipment for telemarketing and other commercial purposes.



Key restrictions include prohibiting unsolicited calls and texts to cell phones without prior express consent, limiting calls to residential phones using artificial or prerecorded voices, and restricting calls to specific numbers like emergency lines and hospitals. Companies must also honor the National Do Not Call Registry and avoid making calls outside of permissible hours (8 a.m. to 9 p.m.).  .



Restrictions on automated equipment Cell phones: It is illegal to use an automatic telephone dialing system (ATDS), prerecorded voice, or text message to contact a cell phone without prior express consent from the recipient. For telemarketing calls, this consent must be in writing. 



Residential phones: Companies cannot make telemarketing calls with a prerecorded voice to residential lines without prior express written consent. 



Emergency numbers: Calls using an ATDS or prerecorded voice are prohibited from being placed to emergency telephone lines, hospitals, doctor's offices, and other similar services. 



VIII. Privacy — Telephone Consumer Protection Act - FDICIn 2012, the FCC revised its regulations to require telemarketers to (1) no longer allow telemarketers to use an "established busi...Federal Deposit Insurance Corporation (FDIC) (.gov)Beware of the Telephone Consumer Protection ActJul 11, 2024IFA Commercial FactorTelephone Consumer Protection Act (TCPA) - L



TCPA prohibits autodialed calls, prerecorded calls, or text messages to wireless numbers without prior express consent.



Restrictions on call times and practices



Permissible calling hours: Calls are restricted to the hours of 8 a.m. to 9 p.m. in the recipient's local time zone.  National Do Not Call Registry: Telemarketers are prohibited from calling any number that is on the National Do Not Call Registry.  Abandoning calls: Telemarketers cannot "abandon" calls, which means hanging up on a recipient before a live agent can speak to them.  Do Not Call lists: Companies must maintain their own Do Not Call lists and honor requests from consumers to be added to them. 



What this means for consumers



You can sue a company for violations of the TCPA.  You have the right to stop receiving calls and texts at any time.  Consent is essential for telemarketers to contact you via automated systems or prerecorded messages. 



Telecommunications Consumer Protection Act of 1991 (TCPA)



What Is the Telecommunications Consumer Protection Act of 1991 (TCPA)? The Telecommunications Consumer Protection Act of 1991.



What this means for businesses



Obtaining consent is crucial for any company that uses automated calling or texting for marketing purposes.  Businesses must have systems in place to handle Do Not Call requests and honor them.  Failing to comply can result in significant penalties, including up to \(\$1,500\) per violation for willful violations. 

Pursuant to the notice of voluntary dismissal 13 , this case is dismissed with prejudice with each party to bear its own costs and fees. Status hearing date is stricken. Civil case terminated. Mailed notice (ags) (Entered: 10/24/2025)