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WHAT CONSTITUTES A TCPA VIOLATION?

Like many people, you might receive calls or text messages several times a day or week by the same entity, whether a debt collection agency or another company, regardless of whether you pick up the phone or not. It is highly likely that the call or text message was made using an autodialing system (ATDS). This type of call or text is illegal under the TCPA if you have not permitted the entity to contact you. Unless you’ve provided prior express consent to be contacted, the TCPA prohibits solicitors from the following acts:

  • Using an ATDS to call, leave pre-recorded messages, and text cell phones.
  • Failing to identify themselves over the phone properly. Companies placing robocalls are required to disclose their identity to the recipient of the phone call.
  • Calling residential phone lines before 8 a.m. or after 9 p.m. This applies to solicitations from telemarketers who do not have “an established business relationship” with the person they are calling.
  • Calling consumers listed on the Do Not Call Registry. The TCPA strictly prohibits this. Consumers can place their residential and cell phone numbers on this list.
  • Calling consumers who have withdrawn consent to receive these calls.
  • Calling a phone number looking for another person.

In the case of a TCPA violation, you are entitled to sue for $500–$1,500 per call or text message. If you’re being harassed due to a TCPA violation, please contact our office today to schedule a free legal review of your potential TCPA case.

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WHAT CALLS ARE EXEMPT TCPA COMPLIANCE?

There are a few rare cases in which specific calls and communications are exempt from the regulations of the TCPA. Calls and communications that are not subject to TCPA compliance include:

  • Calls from tax-exempt, non-profit organizations
  • Calls made with a non-commercial purpose
  • Calls that do not include any unsolicited advertisement

For a company to initiate any robocall to any residential telephone line, they must first have “prior express consent,” unless the call is placed for emergency purposes.

According to former TCPA regulations, the FCC construed this to include verbal approval or implied approval for companies to call. For example, providing your contact information to a company when buying a product or service was formally deemed implied consent.

However, that changed in recent years when the “established business relationship” exemption no longer applied. The FCC’s new explanation of prior express consent now necessitates a signed, written agreement that explicitly agrees to receive marketing calls or text messages through a pre-recorded voice or an autodialer.

However, it’s important to note that this rule does not apply to debt collection calls or texts, unless they contain any promotion.

HOW DO I RECORD EVIDENCE OF TCPA VIOLATIONS?

It is incredibly challenging, if not unfeasible, to sue a party for violating TCPA regulations when you don’t know who the company is or how to get in touch with them.

Before trying to file a TCPA lawsuit or class action lawsuit, you must take the following actions to document breaches:

  • Save all text messages and voicemails
  • Do not delete your caller ID history
  • Save all voice messages and text messages
  • Make a written record of the calls and text messages you’re receiving, including the date and time, the caller’s identity, and a summary of the conversation or message
  • Save a copy of any written requests to withdraw your consent to be contacted

If you have been the victim of violations of TCPA guidelines, contact The Law Offices of Jibrael S. Hindi today.

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CONSULT WITH A SEASONED TCPA LAWYER TODAY

If any company has contacted you without your consent or you have revoked your consent by telling them to stop calling you, there is a chance that you could receive between $500 and $1,500 per call. Speak with a knowledgeable TCPA lawyer today to end the harassment and go after the compensation you deserve. We can help you learn whether you have a case to recover damages for TCPA violations and whether a TCPA compliance breach class action lawsuit may be appropriate. Additionally, we can help you secure a permanent injunction against the company unlawfully contacting you. When you work with Attorney Jibrael S. Hindi of The Law Offices of Jibrael S. Hindi, you do not pay us a dime until YOU get paid first. Schedule your free legal consultation today by completing a contact form or call (844)-JIBRAEL.

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