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The Telephone Consumer Protection Act (TCPA) restricts calls from solicitors and affirms the consumer’s right to privacy.
The Telephone Consumer Protection Act is vital legislation protecting consumers from abusive and fraudulent communications practices. The law outlines strict guidelines on how and when businesses can communicate with current or potential clients. Initially enacted in 1991, the TCPA established rules for solicitors calling a residence and the penalties for violating those rules.
In 2012, the FCC revised the Telephone Consumer Protection Act to require prior express written consent (PEWC) for all autodialed or prerecorded telemarketing calls. Known more familiarly as “robocalls,” Congress found that prerecorded messages are a greater nuisance and invasion of privacy than live solicitation calls.
A consumer must provide explicit written consent to receive marketing calls and texts to their number. The agreement must bear the consumer’s signature and disclose that the person authorizes a seller to send automated messages to the specified number. Otherwise, a solicitor violates the TCPA.
The “signature” that these agreements require is flexible under the E-SIGN Act, which allows consent to be obtained via email, web forms, texts, telephone keypress, or voice recording.
The North Carolina TCPA attorneys of Maginnis Howard can assist you with evaluating your claim. We offer free consultations to all prospective consumer law clients. To schedule a meeting with our lawyers, visit our contact page. If we can assist you with your case, we will offer a contingency fee agreement. This means you owe no attorneys’ fees unless and until we recover a settlement on your behalf.
Our attorneys assist clients across the Carolinas from our offices in Charlotte, Raleigh, and Fayetteville.
