Solicitations by telemarketers are disruptive to your daily life, and in some cases, can be a constant annoyance. Many are not aware that these calls (as well as unsolicited texts) often violate federal law. The Telephone Consumer Protection Act (TCPA) requires telemarketers to adhere to stringent regulations. In addition to prohibiting many types of solicitations, the TCPA provides a number of remedies to an individual who has been the victim of telemarketer harassment.
If you have been receiving pre-recorded or auto-dialed calls from a telemarketer an attorney can take legal action to stop the calls and in many cases, obtain compensation for you.
Consumer protections against telemarketers
The TCPA restricts telephone solicitations, including the use of pre-recorded messages, automated telephone number dialing equipment (“robo-calls”), and messages sent to wireless phones, fax machines, and voice messaging systems. The Act specifically prohibits telemarketers from harassing consumers, and penalizes companies that don’t play by the rules.
Guidelines for Telemarketers
The law prohibits telemarketers from the following:
- Calling consumers who have not given express consent or have registered on a “Do Not Call” list.
- Contacting residences before 8 AM or after 9 PM.
- Attempting to solicit without providing a name and reason for the call.
- Sending spam or unsolicited text messages
The law applies to land-line phones, cell phones and fax machines. Consumers who are victims of harassment under the TCPA can sue for each violation and recover $500 per call, fax, or text. Violations of federal law can triple the fine to $1,500.
Maginnis Howard’s TCPA Attorneys
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