The Telephone Consumer Protection Act (TCPA) is a key piece of legislation regulating unsolicited calls from telemarketers and debt collectors to protect consumers’ privacy rights. This law imposes strict restrictions on using automated dialing systems and prerecorded messages, commonly known as “robocalls.” Debt collectors and telemarketers frequently employ these calls due to their efficiency in rapidly contacting many consumers. The TCPA empowers individuals to control unwanted communications, ensuring their right to privacy is respected, and they can opt out of such intrusive calls.
Protection From Solicitors
Regardless of the debts you owe, solicitors must adhere to the following guidelines. Specifically, the TCPA restricts:
- Calls before 8am or after 9pm
- Use of threats, intimidation or obscene language
- Violations of the “Do Not Call List”
- Callers providing misleading or inaccurate information to the consumer
- Contact with anyone under the age of 18
Identifying a Violation
Callers commonly infringe on TCPA regulations through auto-dialed calls with only a recording on the other end. Here are some other ways you can spot a robocall:
- The calls come from different, but very similar numbers each time
- The calls are completely silent and end abruptly after you speak
- The caller does not give you an opportunity to opt-out of the calls
Penalties for TCPA Violations
The penalties for violating TCPA restrictions can be substantial and escalate with each infraction. For the first violation, solicitors may incur a fine of $500. If a second violation occurs, the penalty increases to $1,000. In the case of a third violation, the fine jumps significantly to $5,000. These escalating penalties are a strong deterrent against non-compliance, emphasizing the importance of adhering to the regulations established to protect consumers from unwanted telemarketing and communications.
TCPA Attorneys
Maginnis Howard’s attorneys handle violations of TCPA restrictions across the state of North Carolina. We offer free consultations to all victims and handle consumer protection cases on a contingency basis.
To discuss your potential claim, contact our firm at 919-526-0450 or through our contact page.
