Q: Can a business owner sue for spam business related calls & Texts received on their PERSONAL cell phone ?
I AM SELF EMPLOYED. I have a business phone and a personal phone both are cell phones. if i get business related calls on my personal cell phone does that mean i still cant sue the caller because i am a business owner? i have my personal phone on the do not call list . state and federal registry. I have never done business with these callers.
A: You pose good questions. I file lots of Telephone Consumer Protection Act class actions and can tell you that this is a hot area of law, because my cell phones are now both personal and business lines. Text messages are a bit different. I suggest you have an attorney. The calls and texts raise do-not-call as well as TCPA issues. Just last month, a federal court in Ohio addressed the statute's and regulations in terms of what is a "residential subscriber." KEMEN v. CINCINNATI BELL TELEPHONE COMPANY, Dist. Court, SD Ohio 2023.
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