With the increase in unsolicited and unregulated phone calls and text messages being made, action was required. This led to the Telephone Consumer Protection Act (TCPA) becoming a law. Regulations have been put in place to control the type of calls that they are allowed to make and to whom. This article will cover TCPA restrictions, violations, and actions you can take if you have fallen victim to illegal calls.
Telephone Consumer Protection Act (TCPA)
The TCPA, a law passed in 1991, regulates telemarketing calls, auto-dialed calls, prerecorded calls, and text messages. Its design is to protect consumers from unwanted communication. Companies must obtain explicit consent before contacting customers.
TCPA Restrictions
There are specific guidelines companies must adhere to including:
- Calls must be made between 8am and 9pm local time
- Using threats, intimidation, or obscene language is forbidden
- Telemarketers may not call anyone on the Do Not Call Registry
- Callers must provide accurate information to the customer
- Customers being contacted must be at least 18 years old
TCPA Violations
Violations of the TCPA can result in significant penalties and legal consequences for companies.
Unsolicited automated calls
Companies must have consent from the individual before sending a text message or calling them. Companies may acquire this information through a written agreement, such as electronic signatures or traditional paper forms.
Wrong number pre-recorded calls
If a company calls a wrong number with a pre-recorded message, it means that the person receiving the call has not given prior express consent to receive such calls. This is a violation of the TCPA. Prerecorded calls to the wrong person are a violation of the law. However, prerecorded calls that are intended for you are not a violation. For example, if you receive a pre-recorded call from a debt collector about someone else’s debt.
People on the Do Not Call Registry
The National Do Not Call Registry allows an opt-out option for consumers that decide they do not want to receive telemarketing calls. If someone has opted into the do not call list, it is illegal for a company to contact this person. Telemarketers must regularly check the Do Not Call Registry and ensure they do not call numbers listed on it. The registry is updated every 31 days, and telemarketers are required to synchronize their call lists accordingly.
Penalties for Violations
Solicitors can face penalties for each violation they commit under the TCPA, including fines of up to $500 per violation or $1,500 per violation if the court finds the violation was willful or knowing.
Exemptions and Exceptions
There are certain exceptions when it comes to telemarketers calling individuals on the Do Not Call Registry. For instance, if there is an existing business relationship, such as a customer that has made a purchase, inquiry, or application with a business within the past 18 months. Additionally, non-profit organizations and political calls and surveys are generally exempt from the Do Not Call rules.
Contact Us
If you believe your rights have been violated under the TCPA, contact our experienced consumer law attorneys to discuss your legal options. We offer free consultations and take TCPA cases on a contingency basis (meaning you don’t pay unless we win). Maginnis Howard has three offices with locations in Charlotte, Raleigh, and Fayetteville. To reach an intake specialist, visit our contact page or submit an inquiry through our Live Chat feature. You may also call us at (919) 526-0450. We accept clients across the Carolinas.
TCPA FAQs
What is the TCPA?
The TCPA is a law that regulates telemarketing practices and protects consumers from unsolicited and intrusive communications.
What Does TCPA Stand For?
Telephone Consumer Protection Act
Does TCPA Apply to Text Messages?
Yes, the TCPA applies to text messages, telemarketing calls, auto-dialed calls, prerecorded calls, and unsolicited faxes.
