Everyone has experienced unwanted phone calls, harassing text messages, phone calls, or e-mails from companies marketing goods and services. Not only is this conduct harassing, but also potentially illegal, warranting monetary damages for the consumer. The Telephone Consumer Protection Act of 1991 (TCPA) is federal legislation designed to counteract the aggressive actions of telemarketers and collection agencies. The TCPA was intended to limit automatic calls, texts, and other contact placed by companies to landlines, cell phones, emails, and even fax machines. The Federal Communications Commission enforces compliance with the requirements, which
include accurate caller identification, prohibitions against calling phone numbers on the “do not call” list, and using prerecorded voice calls to cell phones.
The TPCA
The TCPA provides a private right of action, including damages of $500 per
violation. If a court determines the violation was “knowing and willful,”
damages can be increased to $1,500 per violation. In the aggregate, these
statutory damages can be significant.
Our firm has considerable
experience with the Telephone Consumer Protection Act and has resolved numerous
cases for over $100,000.00 in the past two years alone. In 2017, we also
secured a verdict at a hearing in a TCPA case for almost $300,000.00 for
our client. Many lawyers advertise that they handle TCPA cases
effectively; very few have gone the distance and won. Even fewer take these
cases on a contingency basis, where no fees are owed unless you win.
If you are receiving unwanted contact, contact the civil litigation attorneys
at Maginnis Howard. Maginnis Howard is a Raleigh civil litigation firm
with attorneys handling all matters related to illegal marketing actions under
the Telephone Consumer Protection Act. To schedule a free case review, contact
the firm at (919) 526-0450 or submit a new case inquiry
here. There is no obligation to
hire us; we would love to inform you about your rights.
North Carolina Consumer Law
In addition to federal law, North Carolina has strict restrictions on
telephone solicitors (telemarketers). Under N.C.G.S. 75-100, telemarketers must
properly identify themselves at the outset of the call, provide an accurate
address or phone number, immediately end the call at the caller’s bequest, and
not call before 8:00 A.M. or after 9:00 P.M. Automated calls are only allowed
by non-profits, political campaigns, government officials and research groups.
Automated calls relating to soliciting a sale of consumer goods or services are
prohibited from contacting North Carolina residents. Penalties under North
Carolina law can significantly exceed the penalties under federal law.
If you have received harassing phone calls, text messages, faxes, or emails,
the broad protections afforded under both federal and state law may entitle you
to money. For a free consultation, contact the civil litigation attorneys at
Maginnis Howard. We represent TCPA clients throughout the state, including
Raleigh, Durham, Chapel Hill, and beyond. Our firm handles harassing text
messages and phone call cases on a contingency basis, meaning you do not pay
fees unless we obtain compensation for you. To speak to our civil attorneys,
contact the firm at (919) 526-0450 or send a confidential email inquiry using our
contact page.
Related
