Have you ever had to enter your phone number online and agree to certain fine-print terms to access a coupon or news page? In many cases, you’ve just provided ‘prior express consent’ to receive unwanted solicitations otherwise prohibited by the Telephone Consumer Protection Act (TCPA).
‘Prior express consent’ is the legal workaround businesses use to send consumers harassing text messages or make robocalls, but did you really consent? Discuss your right to be free from unwanted solicitations, especially from ‘affiliated businesses’, with an experienced TCPA lawyer from the Law Offices of Jibrael S. Hindi. Call our consumer protection team at (844) 542-7235 or connect with us online to schedule a free consultation.
Each year, the Federal Trade Commission (FTC) receives over 1 million robocall complaints. The TCPA generally prohibits robocalls – referred to as those placed through an ‘automatic telephone dialing system’ – by for-profit entities unless the entity has the consumer’s prior express permission or invitation to receive such calls. The TCPA does not apply to registered non-profit organizations or calls placed once the parties have an established business relationship. It also does not apply to hand-dialed calls, though most organizations use qualifying automatic computer dialing systems today.
Most organizations must obtain your ‘prior express consent’ to receive robocalls. However, this term is not defined in the TCPA and is often subject to misinterpretation and abuse. In general, obtaining your prior express consent to receive robocalls requires the following:
Additionally, consent must be obtained prior to placing the robocall. Companies cannot call you and then ask you to consent over the phone to receive additional calls or texts. The consent must also be specific. One organization cannot manipulate you into signing up to receive robocalls from multiple unidentified affiliate organizations. If you’re receiving unwanted robocalls or texts placed on the grounds of prior express consent, contact an experienced TCPA attorney immediately to discuss your rights.
You have the right to revoke your consent to receive automated solicitations under the TCPA through reasonable means. If an organization forces you to jump through multiple hoops to withdraw any alleged consent, this might violate the TCPA.
Robocalls placed after you withdraw consent or without your express written consent may support your right to demand up to $1,500 per violation with the help of a consumer protection lawyer. You might obtain $500 per unintentional violation, such as a technology failure, and three times this amount ($1,500) if evidence indicates the company willfully manipulated you into consenting or otherwise refused to permit your withdrawal.
If you did not expressly consent to receive robocalls or spam texts, you might demand substantial damages for this unlawful harassment under the TCPA. Discuss your right to be protected from telephone harassment with an experienced TCPA lawyer at the Law Offices of Jibrael S. Hindi. Schedule a free and confidential consumer protection consultation today by calling (844) 542-7235 or connecting with our TCPA legal team online.