You are well aware of just how annoying and even infuriating spam communications can be. While you may not think there is much you can do about it, there is an important federal law in place that directly addresses spam texts and calls to your cell phone. And many states have robust laws of their own. If you have questions or concerns about your rights in the face of unrelenting spam communications, an experienced consumer rights attorney at The Law Offices of Jibrael S. Hindi is standing by to help.
To begin, the Telephone Consumer Protection Act (TCPA) was created to directly address overly intrusive calls and texts to our mobile phones. This law establishes specific standards that companies must follow – or they can be required to pay claimants a specific amount per violation, which can add up quickly.
Sellers must maintain their own do-not-call lists, and the rights of those on the list must be honored for at least five years. In addition, companies must check the numbers they call or text against the National Registry and are prohibited from spamming anyone on it.
The TCPA makes it mandatory that all companies that send marketing texts and calls to mobile phones have prior and express written consent from all recipients. Additionally, recipients have the right to revoke consent at any time, and their decision to opt out must be honored. Further, an automated opt-out mechanism must be included in prerecorded messages.
The TCPA also sets careful time constraints that telemarketing companies must follow. This means no calls outside of the hours from 8 AM to 9 PM local time.
Finally, when telemarketers call or message, they are required to identify themselves to those on the other end. This is in addition to naming the business enterprise they work for and to providing a legitimate contact number or physical address that the recipient can use to respond.
Many states have also enacted what are often referred to as mini TCPA laws. The restrictions included are generally harsher than the federal regulations, and companies that call or message consumers in these states must abide by all included requirements. Examples of states with related laws include the following:
State laws tend to amplify the risk of litigation, which can help keep companies that engage in spam communications at bay.
The dedicated consumer rights attorneys at The Law Offices of Jibrael S. Hindi have earned a solid reputation for fierce and effective advocacy on behalf of our clients, and we welcome the opportunity to also serve you. For more information about what we can do to help, please don’t put off contacting us online or giving us a call at 844-542-7235 today.