Telemarketers use of robo calls- liability

(b) Restrictions on use of automated telephone equipment

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–

(iii) 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 TCPA regulates, inter alia, the use of automated dialing
systems. Specifically, the plain language of section 227(b)(1)(A)(iii)
prohibits the use of
autodialers to make any call to a wireless number in the absence of an
emergency or the
prior express consent of the called party.

Under the TCPA and pursuant to the FCC’s January 2008
Declaratory Ruling, the burden is on Defendants to demonstrate that
Plaintiff provided
express consent within the meaning of the statute. See FCC Declaratory
Ruling, 23
F.C.C.R. at 565 (¶ 10).