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[Frustrated]

What about text messages sent to your cell phone asking you to call them? I am charged per text message received.

[Lecasbas]

Since we have jumped to another page I'm going to post the section of the tcpa which specifically includes cell phones:

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—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;

The way the tcpa reads, it doesn't matter if you are charged for the call or not.  What matters is that you are being charged for the service. 

You would have to establish that the text message was sent by an automatic dialing system.  It's probably so because I doubt if the person in the cubicle sending these text messages would manually type in these messages all day long.

This is something you would have to elicit from discovery. 

[krebshack]

Sorry for not staying involved in this conversation. I thought I had thing set up to receive notifications. Anyway, somebody had said about sending a cease and desist letter:
     
     " Trying to gain strategic advantage does not mean you have to shoot yourself in the foot."

Gaining an advantage is what I'd like. It seems like they're using an autodialer. Is the pause at the beginning of the call not enough to prove this? Also, as far as getting them to stop calling me, is the only way I can get them to stop calling me to send a letter? I want to phone calls to stop. Not set myself up for a lawsuit.

[Lecasbas]

You could call but, unless you had a recording devise connected to your phone, there would not be any documentation as to the content of the call.

Circumstances may change to where you may want to sue, or you may be sued.   Consistent documentation of events can be put to good use with either of these possibilities.