Telephone Consumer Protection Act (TCPA)

New York Consumer TCPA Lawyers

Ever find yourself getting ready to sit down for dinner, with your fork and knife in hand ready to dig in, and then it happens; your phone rings. Begrudgingly you rip yourself away from your much anticipated feast and you force yourself to answer the bellows of that unwanted guest thinking maybe its important. When you finally bring yourself to answer you find you’re not being greeted by a loving family member, it’s not a friend looking to shoot the breeze; no, you are greeted with the most undesirable of calls - the plastic voice solicitation of telemarketer going through his scripted “Hi, Mr. Smith my name is David and I’m calling on behalf of XYZ company with a phenomenal opportunity.” You Swiftly tell him no, but it doesn't end there. Tomorrow, Jim calls you with a once in a life time offer on socks, coins, or anything else. The next day an automated recording calling itself Frank interrupts the best workout of your life to offer you discounted entry into the cheese of the week club. The calls keep coming and your frustration begins to mount.

Did you know that there are Actions you can take to prevent these persistent irritations? Did you know that there are strict laws and procedures that these telemarketers must abide by. Telemarking conduct is regulated under a federal statute called the Telephone Consumer Protection Act (TCPA).

What Is the Telephone Consumer Protection Act - TCPA?

The TCPA is a federal law that’s designed to protect consumers from phone solicitation and unsolicited advertising via phone, fax and text mesage. The TCPA outlines the code of conduct that solicitors must abide by, it dictates the legal uses of automatic telephone dialing systems, and the use of artificial voice or text in telemarking. Much of the TCPA puts the power in the hands of the consumer as the entirety of the law's provisions are dependent on the consent of the consumer. That means that you, the consumer, have the power.

What Does This Mean For Consumers in New York?

The first power that the TCPA bestows on consumers is the ability to place your name on a do not call list by contacting the National Do Not Call Registry (by calling 1-888-382-1222). By law phone solicitors must honor said do-not-call list for at least 5 years. Beyond the power of the do-not-call list you have the power of consent meaning that unless you have given permission to solicitors they are not allowed to do any of the following:

  1. they are not allowed to send you a fax without your expressed permission.

  2. they cannot contact you via an Automatic Dialer or contact you with a recording.

  3. If you run a private business that has multiple phone lines they are not allowed to tie up multiple lines at the same time.

  4. They may not contact you via any form of communication that costs you money.

  5. Solicitors may not contact you before 8am or after 9pm.

(note: these restrictions only apply to commercial solicitation and does not apply to Political and/or Not-for-Profit solicitations)

For any of the violations listed above consumers, can seek damages for each infraction committed by a telemarketer. For example, in the case of unwanted faxed solicitations to a private business, consumers may seek $500 for each fax sent by the solicitor.

About TCPA Cases*

For many years the State of New York wrote off many TCPA cases largely due to past precedent claiming that TCPA cases were not in the jurisdiction of state courts . However, in 2013, in the case of Bank v. Independence Energy Group, LLC, the court ruled in favor the plaintiff, restoring power to the state courts opening up new opportunities for consumers to seek out and file class action claims against telemarketers. The case was a very standard lawsuit in which Independence Energy Group was calling Todd Bank among others on their home phones with pre-recorded advertisements.

This past April, courts handed down judgement on the class action lawsuit of City Select Auto Sales, Inc. v. David Randall Associates, Inc. In this case David Randall Associates sent out a fax bomb consisting of over 44,000 unwanted faxes advertising Randall’s roofing services. The court declared Randall liable for each of the 44,000 unwanted faxes, under the TCPA the statutory damages for each individual fax is $500 which added up to the court awarding $22,405,000 in damages to the plaintiffs.

In February a class action lawsuit was filed against Capital One Bank in the case of Amadeck. In this case, Capital One used an autodialer to call 21 Million people. Over 1 million people joined in on the lawsuit against Capital one and were awarded a class sum of $75,000,000.

Consumer Attorneys for TCPA Lawsuits

If you have received unauthorized text message, robot phone calls, or faxes in New York, a consumer lawyer knowledgable in the TCPA can evaluate the unauthorized communications and can pursue a potential recovery, usually, with no out-of-pocket cost to the client. TCPA lawsuits can be brought on behalf of an individual, and where qualified, on behalf of an entire class of similarly effected parties. If the case is settled, or an award is achieved in court, the attorney will oftentimes be compensated for the legal fees from the funds that are recovered.

Speak to a TCPA lawyer today. Contact us at 877-717-0098 for a free case evaluation.


*The Law Office of Simon Goldenberg PLLC was not involved with the TCPA lawsuits and class-actions listed on this page. Prior results do not guarantee similar outcomes.

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