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 Telephone Consumer Protection Act (TCPA) violations. 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:
- 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 certain 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 own 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 who are receiving calls in violation of the TCPA can take a few steps to document the violations. First, be sure to document all calls or texts you have received from telemarketers. Second, be sure to save all voicemails you received, also. This documentation can help an attorney determine if you have a sufficient claim under the TCPA or not.
We can help.
Maginnis Howard’s North Carolina TCPA Attorneys handle TCPA claims across the State of North Carolina. We offer free consultations to all victims of telemarketer harassment with TCPA cases on a contingency basis. This means that you do not pay any attorneys’ fees unless we obtain a verdict or settlement on your behalf.
To discuss your TCPA claim, contact our firm at 919.526.0450. You may also send any questions or inquiries you have about the Telephone Consumer Protection Act to firstname.lastname@example.org