If you use a cell phone, you recognize that marketing messages are becoming more aggressive and show no signs of slowing down anytime soon. The good news is that there is an important federal law in place that protects consumers like you from these intrusive practices and knowing how to spot them is a good place to start. Another important early move is retaining the professional legal guidance of an experienced consumer rights attorney at The Law Offices of Jibrael S. Hindi.
The Telephone Consumer Protection Act (TCPA) requires companies that message and call consumers via their mobile phones to follow strict protocols. While new tricks, tactics, and scams are always just around the corner, there are several specific signs that should grab your attention.
For marketing companies to call or text you, they must have your express written permission. If you are receiving calls or messages that you didn’t consent to or that you opted out of by typing STOP as instructed, the company is likely in violation of TCPA.
The TCPA also sets clear parameters regarding when spam calls and messages can be sent. Any time before 8 AM or after 9 PM local time is off limits. Keep in mind that the TCPA affords a legal remedy that is levied in the form of a $500 to $1,500 fine per violation of each restriction.
Companies that engage in automated solicitation practices are required by the TCPA to provide consumers with an unsubscribe option. The mechanism for unsubscribing can’t be hidden, and it must work. If you are unable to find a means of unsubscribing, it likely points to a violation.
There is a National Do Not Call Registry that companies must consult prior to making automated calls, and anyone on it should not be messaged or called. Further, companies are required to keep internal do-not-call lists and to honor them. If you took the time to join the national list, you should not be receiving unsolicited marketing calls. And if your name is on a specific company’s do-not-call list, their refusal to abide by your request could lead to legal liability.
When companies engage in marketing messages and calls, the TCPA specifically requires callers to identify themselves and the business enterprise they represent. In addition, they must give the person on the other end a legitimate contact number or physical address. If you receive a message that foregoes these formalities, it’s almost certainly in violation of the law.
The savvy consumer rights attorneys at The Law Offices of Jibrael S. Hindi harness the full force of our impressive legal experience and insight for every client we skillfully represent, and we’re here for you, too. Learn more about what we can do to help by contacting us online or calling us at 844-542-7235 today.