Telephone Consumer Protection Act

What is TCPA and How does it Protect you?

Under the Telephone Consumer Protection Act (“TCPA”), unsolicited telemarketing calls using an automated telephone dialing system or artificial or prerecorded messages without the recipients’ prior express written consent are unlawful. Ringless voicemails and automated text messages with unsolicited telemarketing are considered “calls” for purposes of the TCPA and are also unlawful.

Before a telemarketer can start calling you using an automated dialing system with an artificial voice or prerecorded voice (also known as “robocalls”), it must first obtain your signature in a form that provides you with clear and conspicuous disclosure of what you are consenting to and that you unambiguously agree to receive such calls. Telemarketers are also limited to robocall the number you provided the express consent to receive such calls. More importantly, even if you provided written consent to receive robocalls you may revoke your consent at any time, and it can be revoked orally. Once the consent to receive robocalls is revoked, any subsequent robocalls from that telemarketer are considered a violation under the TCPA.

Unless you have given express written consent, the telephone consumer protection act (TCPA) also states that telemarketers may not :

• call before 8 a.m. or after 9 p.m.

• call you if you have opted out of calls from that specific caller or if you have added your name to the Do Not Call List

• send unsolicited fax messages to your home or office with telemarketing materials

• refuse to provide their name, the name of the person or organization on whose behalf they are calling, or contact information for that person or organization

How can you stop telemarketers & robocalls from calling you?

One way to reduce the number of robocalls is to register your cellphone and/or residential number on the Federal Trade Commission’s do not call registry. The TCPA prohibits any solicitation calls once the number is registered. However, not all telemarketers follow the law, and you may still get robocalls from the same telemarketer even after registering on the do not call list.

If you receive multiple calls, voicemails, or voicemails in one week from the same caller, even if it may be from a different phone number, that may be a violation of the Telephone Consumer Protection Act. Identical voicemails from the same person is also an indication of a robocall.

A consumer can recover up to $500 for each violation of the do not call registry. up to $500 per phone call that violates the TCPA, and. up to $1,500 per phone call if the consumer can show that the TCPA was violated knowingly and willfully.

If you feel that a company is in violation of the Telephone Consumer Protection Act, our Consumer Rights lawyers can help. You can schedule a consultation, and we will be happy to discuss your situation.