Fair Debt Collection: 14.3.2.7 Burden of Proof Regarding Exceptions
The general rule under the TCPA is that the person making the call has the burden of demonstrating that it falls within an exception to one of the TCPA’s prohibitions.172 Accordingly, the caller has the burden of establishing that it had the prior express consent of the called party to make an autodialed or an artificial or prerecorded call to a cell phone.173 This is consistent with the general rule that the party claiming the benefit of an exception in a federal statute has the burden of comin