Telemarketing and Spam calls and texts – Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991 and prohibits certain types of unsolicited calls, texts, and faxes. The TCPA also prohibits calls to numbers on the National Do-Not-Call Registry (DNC). The TCPA allows an individual to recover statutory damages in the amount of $500 to $1,500 per call, text, or fax.

What does the TCPA prohibit?

The TCPA places various prohibitions that differ depending on the type of device. The prohibitions are as follows:

Calls to Cell Phones

  • Call is made without your prior consent
  • Call does not fall under a recognized exception (e.g., emergency exception)
  • Call is made with a prerecorded or artificial voice
  • Call is made with an automated telephone dialing system

Texts to Cell Phones

  • Text is sent without your prior consent; and
  • Text is an automated text message.

Calls to Landlines

  • Call is made without your prior consent
  • Call contains an advertisement or constitutes telemarketing
  • Call is made with a prerecorded or artificial voice
  • Call is made with an automated telephone dialing system

Junk Faxes

  • Fax contains an advertisement
  • Fax is sent without permission or by invitation
  • There is no pre-existing business relationship
  • There is not proper opt-out notice

What is the National Do-Not-Call Registry?

The National Do-Not-Call Registry (“DNC”) is a phone database created by the TCPA and managed by the Federal Trade Commission (“FTC”). If you register your number on the DNC, telemarketers are prohibited from calling you. If a telemarketer calls or texts a number on the DNC two or more times, the telemarketer faces an additional $500 to $1,500 per call. The DNC rules apply to calls to cellphones and landlines, and calls using an autodialer, an artificial or prerecorded voice, or a live caller.

If you would like to add your phone number to the DNC registry, visit the FTC’s website and follow the instructions there.

Call our consumer protection attorney in Philadelphia today

If you have been subjected to relentless unsolicited calls or texts, contact the team at the Weitz Firm today. Our attorneys are standing by to help you through this, and we have extensive experience handling TCPA cases. Our goal is to ensure that you receive any compensation you are entitled to for the wrongs you have endured. When you need a TCPA attorney by your side, you can contact us for a free consultation of your case by clicking here or calling 267-587-6240.

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