Consumers who receive telemarketing calls, pre-recorded and/or automated calls to their cellphones or home landlines, may file a lawsuit against the telemarketer or debt collector for violations of the Telephone Consumer Protection Act (TCPA). These calls and texts can be more than a nuisance– and for that reason, you should know your course of action against them.
Background on the TCPA
In 1991, the TCPA established protections for U.S. consumers from aggressive telephone solicitors and automated telephone equipment. TCPA regulations include restrictions on the following:
- Automated Dialing Systems
- Artificial or Prerecorded Voice Messages
- SMS text messages
Standard TCPA Guidelines
Mega-corporations and other companies make a ton of money every day harassing consumers just like you. There are specific TCPA guidelines they should follow — but they often break the rules. If you have not given “prior express written consent” for a company to call you, the standard guidelines include:
- Prohibiting solicitors from calling cell phones or U.S. households before 8 a.m. or after 9 p.m. local time
- Prohibiting solicitors from calling cell phones or U.S. households using an artificial voice or a recording
- Requiring solicitors to maintain a company-specific “Do-Not-Call” (DNC) list – and honor the National Do Not Call Registry
- Requiring solicitors to provide their name, the name of the entity or person on whose behalf the call is being made, as well as a telephone number or address where that entity or person may be contacted
A consumer can recover up to:
- $500 for each violation of the Do Not Call Registry
- $500 per phone call that violates the TCPA
- $1,500 per phone call if the consumer can show that the TCPA was violated knowingly and willfully.
Consumers receiving calls violating the TCPA can take a few steps to document the violations. First, document all calls or texts you have received from telemarketers. Second, be sure to save all voicemails you receive, also. This documentation can help an attorney determine whether you have a sufficient claim under the TCPA.
We can help.
Maginnis Howard’s North Carolina TCPA Attorneys handle claims across the Carolinas from our Charlotte, Raleigh, and Fayetteville offices. We offer free consultations to all victims of telemarketer harassment with TCPA cases on a contingency basis. This means you do not pay any attorneys’ fees unless we obtain a verdict or settlement on your behalf.
To discuss your claim, contact our firm at (919) 526-0450. You may also send any questions or inquiries about the Telephone Consumer Protection Act through our contact page.
