TCPA is Designed to Prevent Unwanted Solicitation Calls, Junk Faxes and More

The Telephone Consumer Protection Act, or TCPA, was passed by Congress following an increase in consumer complaints surrounding unwanted solicitation calls and calls made by debt collectors.

The primary aim of the TCPA is to protect consumer privacy by forbidding unwanted solicitation calls and other unwanted types of communication.

Under TCPA, those placing unwanted solicitation phone calls as telemarketers or placing phone calls as debt collectors are restricted in their manner of contacting citizens. Telemarketers may not call individuals who have registered on the national Do Not Call cab registry.

Also under TCPA, pre-recorded voice messages and phone calls placed with an automatic telephone dialing system cannot be made to residential phones or cell phones. Additionally, unwanted text messages and unwanted faxes are also prohibited under the TCPA.

Each time a debt collector or telemarketer places a call to the business or personal cell phone of an individual using a pre-recorded message, text message or automated call, this may be in violation of the law unless the cell phone customer had expressly given consent to the caller to be contacted. Even in cases where a cell phone user had previously given consent, that consent can be revoked at any time by telling the debt collector or telemarketer to cease all calls to the cell phone.

Telemarketers are prohibited from calling residential cell phone telephone lines unless the consumer has an “established business relationship” with the company that is calling. The consumer has to have done business with the business within the last 18 months or had to inquire with the business within the last three months. Otherwise, phone calls are considered unwanted solicitation calls and are in violation of TCPA.

Unwanted solicitation calls may not be placed to any consumers who have registered on the National Do Not Call Registry. Both cell phone numbers and residential telephone numbers can be registered.

Additionally, debt collectors and telemarketers cannot place calls to consumers before 8 a.m. or call after 9 p.m. When a consumer is called, the telemarketer or debt collector plates in the call must provide his or her name, the name of the business that the call is made on behalf of, and an address or telephone number where the individual placing the call or business can be reached.

Companies may face penalties for violating the TCPA and consumers can recover damages relating to these violations. Consumers can recover up to $500 each time the Do Not Call Registry is violated and up to $500 for each phone call that is placed in violation of the TCPA. These damages can be tripled to up to $1,500 per phone call if it can be proven by the consumer that the violation of TCPA was knowing and willful.

Taking Legal Action over Unwanted Solicitation Calls

If you have received unwanted solicitation calls, you may be eligible to participate in a free class action lawsuit investigation to recover compensation. An experienced TCPA attorney can provide you with a free case review and consultation if you qualify.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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