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TCPA Violations – They Happen More Often than You Think

Brian P. Sept. 1, 2016

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Are you getting frequent nuisance calls from a telemarketer or collectors? You have a right to go about your day without being harassed by unwelcome callers. What many people don’t realize is that there is a law in place that protects consumers from telemarketing calls. It is called the Telephone Consumer Protection Act, or TCPA.

What Does the TCPA Do?

The TCPA prohibits telemarketers and collectors from making unwanted calls to your phone. If they violate this law, they could be slapped with fines of up to $1,500 for every unsolicited call or text that they make.

Here are some typical examples of TCPA violations:

  • Using a robocaller – Marketers and collectors are not allowed to use artificial or recorded calls unless they receive written permission first.

  • Calling you after you request to be on a do-not-call list – If you are on the national do-not-call registry or the company’s internal do-not-call-list, they are not allowed to call you.

  • Calling you late at night – Collectors and telemarketers are not allowed to call you before 7 AM or after 9 PM.

These are just a few examples of common TCPA violations. If a telemarketer or collector violates the TCPA, contact a lawyer right away to discuss your case. You might be able to:

  • Recover compensation for the violation of your rights

  • Hold the marketer or collector responsible for knowingly violating the TCPA

  • Relieve the pressure and embarrassment of receiving constant marketing or collector calls

What Is the Telephone Consumer Protection Act?

Enacted by Congress in 1991 to prevent a growing amount of harassment from marketers, the Telephone Consumer Protection Act restricts the use of prerecorded messages and automatic dialing systems. In 1992, the law was updated to include the requirement that telephone solicitors institute procedures for maintaining do-not-call-lists so that consumers can opt out of telephone solicitations.

In 2012, the federal government revised the TCPA to give even more protection to consumers. Now, telemarketers must have written prior authorization to call a consumer using an automated robotic system or robocaller. They are no longer allowed to call without your written consent— even if you have done business with them before. Also, telemarketers must provide an interactive, automated opt-out feature during each robocall. This feature allows you to put an end to robocalls immediately.

The following types of calls are regulated by the TCPA:

  • Pre-recorded messages

  • Robocalls

  • Phone calls

  • Auto-dialers

  • Faxes

  • Text messages

Telemarketers must follow these rules to stay compliant with the TCPA:

  • They cannot call or text your cell phone without your prior consent.

  • They can’t place robocalls or automated calls or texts to your phone after you have told them to stop.

  • They must stop calling you if you ask them to place you on their do-not-call list.

If you are being harassed by marketers or collectors, take the following actions to get the harassment to end:

  • Keep a record of every single call. Note the date and time that the calls were made.

  • Contact a TCPA attorney.

If you have received unwanted solicitation calls, you’re probably wondering how to sue telemarketers. Fortunately, it is very straightforward to hold the telemarketers responsible for violating the TCPA—and to get cash doing so. You can get paid for every telephone call or text message that violates the TCPA.

The first step in getting paid by telemarketers is to discuss your potential TCPA violation claim with a TCPA lawyer. It does not cost anything out of pocket to sue a telemarketer or collector for TCPA violations. All of your legal fees are paid for by the company or person making the calls.

Unwanted Telephone Calls

You might be wondering how to stop robocalls and unwanted telephone calls if you are getting harassed day and night by them. Fortunately, it is easy to put an end to these calls. You might be able to even sue telemarketers for violating the TCPA. You will need the legal expertise of a TCPA lawyer to stop them with ease.

You are also eligible for compensation of $500 to $1500 for every telephone call that you get that violates the TCPA.

Talk to a TCPA Lawyer to Discuss Best Options

The Consumer Center for Resources can connect you with an experienced attorney who can stand up for your rights and help you seek compensation for the damages that you have incurred as a result of the harassment.