Soppet v. Enhanced Recovery Co., LLC

Dist. Ct. did not err in finding that defendant violated Telephone Consumer Protection Act where it used automated dialers and pre-recorded messages to call plaintiffs' cell phones in effort to collect debt by debtors, who had previously been assigned said cell numbers, and who had agreed to receive said phone calls by giving their cell numbers to creditor. Record showed that instant plaintiffs did not consent to instant phone calls and had incurred lost airtime receiving voicemails of said calls, and Dist. Ct. properly found that term "called party" under Act meant that defendant was required to obtain consent to said calls from plaintiffs as "current subscribers" to cell numbers, as opposed to prior subscribers (who had actually incurred subject debt) in order to make instant automated or recorded telephone calls.