The Telephone Consumer Protection Act (TCPA) is a federal law in the U.S. that regulates telemarketing calls, texts, and the use of automated dialing systems. While the TCPA imposes strict rules on telemarketers and protects consumers from unwanted phone solicitations, there are certain exceptions that may apply.
If you have questions or concerns about telemarketing calls or messages or believe your rights under the TCPA have been violated, seek legal guidance from a TCPA attorney.
Contact The Law Offices of Jibrael S. Hindi for legal advice and representation in protecting your rights. You never pay anything for our services unless we win compensation for you.
Under the TCPA, telemarketers must obtain consent before making calls using an automated dialing system, and they must also maintain a do-not-call list. These rules apply to both landline and mobile phone numbers. Further, telemarketers are prohibited from making unsolicited calls to consumers who have registered their numbers on the National Do Not Call Registry. When they do call, telemarketers must identify themselves and provide their contact information during the call.
While the TCPA sets forth strict guidelines for telemarketing calls, there are certain exceptions to these rules. These exceptions include:
Telemarketers are allowed to call consumers who have given prior express consent to receive such calls. This consent can be obtained in writing or orally. However, it is essential to note that consumers have the right to revoke their consent at any time.
The TCPA allows telemarketers to call consumers with whom they have an established business relationship. An established business relationship is typically formed when a consumer makes a purchase or submits an inquiry to a company. However, if a consumer asks to be added to the company’s do-not-call list, the telemarketer must honor that request.
The TCPA’s rules primarily apply to commercial telemarketing calls. Non-commercial calls, such as those made for political or charitable purposes, are exempt from some of the TCPA’s restrictions. However, these calls must still comply with other relevant laws and regulations.
Calls that are purely informational in nature, such as appointment reminders, healthcare notifications, or school notifications, are generally exempt from the TCPA’s rules. However, telemarketers must ensure that these calls do not contain any marketing or advertising content.
Understanding when a call is unlawful under the TCPA can be difficult, especially when it comes to determining whether certain exceptions apply to a specific situation. If you have questions or concerns about telemarketing calls or believe your rights under the TCPA have been violated, never hesitate to seek legal guidance from a consumer protection lawyer.
Contact The Law Offices of Jibrael S. Hindi to discuss any potential violations of the TCPA. Our experienced TCPA attorney can provide you with personalized legal representation and stand up for your consumer rights. We understand this area of law and will work tirelessly to achieve the best possible outcome for your case.
To schedule a consultation with our TCPA attorney, contact our firm directly.