There are few things as aggravating as the daily unsolicited calls and text messages we all get. Most serve no benefit to consumers and generally originate from scammers or unscrupulous companies that bombard you with advertisements without your permission. At best, they’re merely a nuisance, but they can also be serious threats to security by obtaining personal information you did not intend to share.

What is the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act (TCPA) of 1991 was enacted to regulate the explosive growth of the telemarketing industry, the use of automatic telephone dialing systems and artificial or prerecorded voice messages, and the transmission of unsolicited advertisements via facsimile machines. Since then, numerous regulations have been introduced by the Federal Communication Commission (FCC) to enhance the TCPA provisions.

The TCPA provisions provide for statutory damages of $500 per each violation. Up to $1000 can be added per each violation when the violator’s conduct was willful. Under the TCPA, telemarketers are prohibited from directing automatically dialed phone calls or text messages to consumers unless they obtain prior consent, and in certain circumstances the consent must expressed in writing.

Types of Situations That Violate the TCPA

If you have been the victim of any of these situations, you may be entitled to compensation:

• Receiving prerecorded calls/voicemails (“robocalls”).
• Receiving unsolicited telemarketing calls after signing up for the national Do-Not-Call Registry.
• Receiving unsolicited advertisements to a facsimile machine.

The TCPA also places several important restrictions on telemarketers, including:

• Prohibiting calls before 8:00 a.m. and after 9:00 p.m., local time;
• Requiring callers to state their name, identify the person or business for whom they are calling, and provide a phone number or address for that person or business;
• Prohibiting callers from blocking or concealing their information from caller ID systems;
• Prohibiting solicitation calls to residences using a recording or computerized voice;
• Restricting the use of autodialers; and
• Directing all telemarketers to maintain their own “do-not-call” list of consumers, based on consumers’ requests not to be called, and to honor these requests for at least five years.

Debt Collection and the TCPA

Unless you have debts that are legally discharged in bankruptcy, there is no law that will remove your responsibility to pay a debt. In these cases, the TCPA does not eliminate what you owe but it regulates how creditors and debt collectors may contact you with regard to your debt obligations. Hiring an experienced, knowledgeable attorney can help stop unwanted calls and text messages, while holding businesses accountable for violating the rules.

We Can Help – Contact Us Now

If you feel that you have been the victim of spam phone calls that violate the TCPA, we can help. We’re dedicated to stopping spammers and obtaining relief for consumers whose lives are interrupted by these unlawful communications. Our experienced attorneys can help stop this harassment and provide you with compensation.