TCPA - Telephone Consumer Protection Act

Posted By Law Office of Simon Goldenberg, PLLC || 23-Sep-2016

If any of these situations sound familiar, you might be entitled to an award for damages:

  1. Were you called with a pre-recorded message stating: "press 1 to learn more"?
  2. Are you receiving unsolicited text messages or faxes?
  3. Are telemarketers calling despite your enrollment on the "do-not-call" list?
  4. Have you been contacted on your cell phone by telemarketers or debt collectors at odd hours?

There are restrictions, regulations, and guidelines that must be followed when telemarketers or debt collectors attempt certain communications. Specifically, they must comply with the Telephone Consumer Protection Act (TCPA).

Free Legal Evaluation For TCPA Violations


Call (888) 301-0584 or schedule a free evaluation.


Victims May Be Entitled To Compensation

The consequences of ignoring the Telephone Consumer Protection Act can become expensive rather quickly. At the low end, companies can be charged $500 per violation, even if they claim to be unaware that their conduct was prohibited. If they are found to have violated the TCPA willfully, it could cost them up to $1,500 per violation. Our consumer lawyers can help you determine whether your situation merits legal action.

But what is the Telephone Consumer Protection Act and how might it affect your legal rights?

When the Telephone Consumer Protection Act was introduced in 1991, it was designed to protect consumers from unwanted telemarketing calls, including those from pre-recorded messages or auto-dialers. As companies found new ways to contact consumers, the TCPA added new terms to the act, amending it to include text messages and faxes.

Under the TCPA, companies can only contact individuals using a pre-recorded message if the individual have provided written confirmation that they welcome the calls, texts, or faxes. The Act also includes the following provisions:

  • Calls cannot be made between the hours of 9 p.m. or 8 a.m.
  • Companies must have a “Do Not Call” list that they must honor for five years
  • Companies must also honor the National Do Not Call Registry
  • Calls cannot be made using automated equipment

New York TCPA Lawyers

If you believe you have been contacted by a method prohibited by the Telephone Consumer Protection Act, contact our New York City consumer lawyers at the Law Office of Simon Goldenberg, PLLC to discuss your situation and legal options.

If we take on your TCPA case, we will work on a contingency basis, meaning, we will not charge any legal fee unless we receive a recovery for you. And the best part is, the telemarketer (or debt collector) that committed the TCPA violation would be responsible to pay your respective legal fees.

Call our legal team at (888) 301-0584 for a free evaluation.

The Law Office of Simon Goldenberg PLLC is a debt relief and consumer advocacy law firm. This post does not purport to contain any legal advice, only general information. Contact us to learn more.

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