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Teresa Soppet and Loidy Tang, Individually and On Behalf of A Class v. Enhanced Recovery Company, LLC

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ARGUED APRIL 19, 2012

Before EASTERBROOK, Chief Judge, and FLAUM and WOOD, Circuit Judges.

The Telephone Consumer Protection Act (TCPA or “the Act”), 47 U.S.C. §227, is well known for its provisions limiting junk-fax transmissions. A less-litigated part of the Act curtails the use of auto- mated dialers and prerecorded messages to cell phones, whose subscribers often are billed by the minute as soon as the call is answered–and routing a call to voicemail counts as answering the call. An automated call to a landline phone can be an annoyance; an automated call to a cell phone adds expense to annoyance. This suit arises from dozens of automated calls made to two cell numbers, which went to voicemail and thus consumed minutes from the subscribers’ plans. All of the calls were made in a futile effort to reach previous subscribers to these numbers.

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