The Telephone Consumer Protection Act (TCPA) is a collection of federal laws passed in 1991 regulating automated telemarketing, including unsolicited phone calls, text messages, and faxes. Though passed before cell phones were widely used, the TCPA has become an increasingly relevant – and often violated – set of laws.
The TCPA protects consumers from unsolicited automated messages (robocalls), but most telemarketing companies either violate these provisions, hoping you will not file a claim, or otherwise rely on the written permission exception. You may be entitled to financial damages if you’ve been harassed or flooded with automatic telephone calls, texts, or faxes. Discuss your claims with dedicated TCPA attorney Jibrael S. Hindi today.
The Federal Communications Commission (FCC) has broad authority to regulate telecommunications in the United States. Despite its wide range of activities, it consistently reports that the top consumer complaint is related to unwanted calls and robocalls. It receives over 150,000 robocall complaints each year, and studies indicate that automated systems make over 20 billion robocalls annually. Recovering personal damages for unwanted calls, however, requires the assistance of an experienced TCPA enforcement attorney.
Under the TCPA, telemarketers are not permitted to use an automatic telephone dialing system (robocall) to store and dial telephone numbers. They may not make robocalls to residential lines or cell phones using prerecorded voices or leave automatic messages unless they have the express consent of the party called. Express consent generally means you agreed – often online – to receive automated phone calls, but you may withdraw this consent at any time. The TCPA requires telemarketers to make it easy for you to opt out of further calls and texts, and they must respect any phone number placed on the national ‘do not call’ registry.
Importantly, telemarketers are allowed to contact you using automated messages or calls if you provide the company with express permission to do so. The TCPA also does not apply to nonprofit organizations, emergency alerts, certain organizations calling for non-commercial purposes, or calls made between parties with an established business relationship. It also does not apply to calls made by live persons who manually dial your number rather than using automated dialing systems. However, most professional organizations dial numbers using a computer system – not manually. Speak with a dedicated TCPA attorney about your case, even if you’re speaking with ‘live’ agents.
If a telemarketer engaged in any of the following unlawful actions, an experienced TCPA enforcement lawyer might help you obtain financial compensation:
The FCC has recovered hundreds of millions in enforcement actions against telemarketing agencies that violate the TCPA, but you need an attorney to obtain personal damages in such cases.
If you’re being overwhelmed by robocalls, automated texts, or faxes – especially after withdrawing consent – discuss your case with experienced TCPA enforcement lawyer Jibrael S. Hindi. Schedule your consultation with him today by calling 844-542-7235 or contact us online.