The FCC Office of General Counsel said in...
The FCC Office of General Counsel said in a filing with a federal court that a credit collection agency violated the Telephone Consumer Protection Act by autodialing an electric utility’s customer after he failed to pay an electric bill. The…
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2nd U.S. Circuit Court of Appeals asked the FCC for an advisory opinion as it weighs Albert A. Nigro v. Mercantile Adjustment Bureau. National Grid had hired MAB to collect an outstanding balance of $67 allegedly owed by Nigro’s deceased mother-in-law. MAB transmitted an autodialed message to Nigro 72 times over nine months, the FCC said Monday in 2nd Circuit docket 13-1362 (http://bit.ly/1vsEoZT). In December 2010, Nigro filed a complaint against MAB in federal district court, arguing that MAB had violated the TCPA by transmitting autodialed and prerecorded messages to a cellphone without his consent, the FCC said. The lower court sided with MAB and Nigro appealed. The FCC said the appeals court should reverse. “Nigro did not supply his cellular telephone number in the course of ’the transaction that resulted in the debt owed,'” the FCC said. “The mere fact that Nigro provided his number to National Grid did not convey his consent to be called regarding that debt,” the agency said. “Nor is there any other evidence showing that Nigro had consented to the debt collection calls at issue in this case."