Annoying spam and telemarketing phone calls and texts are excellent fodder for late-night comedians, but these types of calls are actually against the law, and violators face steep penalties. The Weitz Firm’s Norristown Telephone Consumer Protection Act (TCPA) attorneys have a wealth of experience investigating TCPA violations and seeking compensation for people who have been subjected to unwanted nuisance calls and texts.
The TCPA is a federal statute signed into law in 1991 and designed to protect consumers from unsolicited communications. Its provisions call for limiting the use of pre-recorded or artificial voice messages and text messages generated by automatic dialing systems, a practice which is also known as robocalling. Unless a consumer has specifically provided permission for such calls and texts, then the caller or sender may be violating the TCPA.
The penalties for violations are hefty. Lawsuits filed under the TCPA allow recovery of up to $1,500 for each call or text found to be in violation of the TCPA after the consumer has asked the caller/sender to stop calling/sending.
Consumers who feel harassed or annoyed by such calls have the right to revoke previously granted consent. For example, if you give your consent for calls on an application for some sort of service, but later decide that the calls are bothersome, you have the right to revoke consent.
Calls to cell phones and landlines as well as text messages to cell phones have the potential to violate the TCPA. The key elements of a TCPA violation are:
Although increasingly less common, junk faxes that contain an advertisement, are sent without prior permission, contain no opt-out option, and are sent by someone with no pre-existing business relationship with the recipient can also be in violation of the TCPA.
Consumers can register their numbers on the National Do-Not-Call Registry to reduce the number of annoyance calls, texts, and faxes they receive. The registry’s database is managed by the Federal Trade Commission or FTC. Once your number has been registered on this list, any telemarketers calling or texting the number face even steeper fines than those violating the TCPA. If a company is found to be illegally calling numbers on the Do-Not-Call Registry or placing illegal robocalls to numbers on the registry, a fine of as much as $43,792 may be assessed for each call. This applies to both cell phones and landline phones and to calls from live callers, auto-dialed calls, and calls made using prerecorded or artificial voices.
If nuisance calls, texts, and/or faxes have become overwhelming, contact our Norristown Telephone Consumer Protection Act (TCPA) attorneys. We have an abundance of experience representing plaintiffs in TCPA cases, with the ultimate goal of helping our clients get compensation for the stress and aggravation caused by TCPA violators. Reach out to The Weitz Firm, LLC for a free consultation of your case by clicking here or calling 267-587-6240.