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What Are My Rights Under The Telephone Consumer Protection Act?

As a consumer, you are afforded certain rights under the Telephone Consumer Protection Act (“TCPA”) to protect you against unsolicited phone calls by telemarketers, solicitors, and debt collectors. Under the TCPA, telemarketers, solicitors, and debt collectors are required to obtain your express written permission before contacting you. They also are required, during each call, to provide an option for opting out of receiving future phone calls. Telemarketers, solicitors, and debt collectors cannot rely on an existing business relationship to justify robocalling customers.

TCPA Lawyers

To gauge your rights under the Telephone Consumer Protection Act, including what protections apply to you as a consumer, you should speak with a consumer protection lawyer. Law Office of Simon Goldenberg’s skilled consumer protection lawyers can help you with your TCPA questions, including what to do if you have been harmed. For a free case analysis, reach out to Law Office of Simon Goldenberg by calling (888) 301-0584 or contacting us online today.

What Is Prohibited By The TCPA?

In addition to the above rules, the TCPA includes several general provisions which apply to all consumers. But note, these rules do not apply to consumers that have given prior consent to receive calls. These provisions include:

  • Solicitors and telemarketers are prohibited from calling a residence before 8 a.m. or after 8 p.m.
  • Solicitors and telemarketers are required to keep and maintain a do-not-call list for five years of consumers that have requested not to be called.
  • Solicitors and telemarketers must honor the national do-not-call list.
  • Solicitors and telemarketers, when making phone calls, must provide their name, the name of the person or entity on whose behalf they are calling for, and a phone number or address where that person or entity can be contacted.
  • Solicitors and telemarketers are prohibited from utilizing artificial voices and recordings when soliciting residences.
  • Solicitors and telemarketers are prohibited from using automated telephone equipment or artificial or prerecorded voices for calls to emergency lines such as a hospital or other health care facility.

Failure to comply with these rules can subject telemarketers, solicitors, and debt collectors to steep penalties and fines. Specifically, violations that occur will allow a consumer to sue under the TCPA for up to $500 per violation or recover actual monetary losses, whichever is greater. Additionally, the consumer can seek an injunction. If the violations are committed willfully, the consumer may sue for up to $1500 per violation. The good news is that the statutory damage amount is uncapped, meaning the $500 per violation penalty can add up to damages potentially in the tens of millions of dollars.

Can I Sue A Company Under The TCPA?

You may be eligible to pursue financial compensation if any of the following have occurred to you:

  • You have been harassed or bullied by a business such as a telemarketer, debt collector, or solicitor.
  • You have been contacted by a company you do not know and to which you never gave express consent to contact you.
  • You have requested on at least one occasion that a certain company cease calling you, but they continue to do so.
  • You have received unsolicited calls to your phone from an automatic dialing system or prerecorded voice.
  • You have received unsolicited text messages or spam text messages.
  • You have received calls from telemarketers, debt collectors, or solicitors before 8 a.m. and after 8 p.m.

If any of these situations apply to you, you may have a claim against that company for violating the rules of the TCPA.

It is important to note that your rights are not just limited to unsolicited phone calls. The TCPA also protects you against unsolicited text messages. Text messages under the TCPA are considered the same as phone calls. A consumer is eligible for the same amount of compensation.

Anytime you are faced with any of the above violations, you should keep a record of each violation. This includes obtaining the name of the company that continues to call you and recording the date and time of the call. Also, ensure that you are advising the solicitors and telemarketers that you wish to be placed on their “do-not-call” list. If after you have advised them of your desire to no longer be contacted and they continue to do so, begin keeping records of each subsequent contact and get in touch with the Attorney General’s Office.

Aside from the TCPA protections you are afforded as a consumer, there is also a law called the Fair Debt Collection Practices Act (“FDCPA”) that may entitle you to additional compensation if you are a victim of unlawful collection practices. Under the FDCPA, you may be entitled to recovery of up to $1000.

It is important to contact an experienced attorney today to discuss your consumer rights and get help from someone who can assist you in fighting against unsolicited communications from telemarketers, debt collectors, and solicitors. Call our firm today for a free consultation.