info@carolinalaw.com
info@carolinalaw.com
The Telephone Consumer Protection Act (TCPA) 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.
Caller Identification – Telemarketers must provide their name, the name of the business they represent, and a contact number or address. They may not hide or “spoof” the number from which they are calling.
Opt-Out Mechanism – Robocalls and texts must include an automated opt-out mechanism for consumers to stop communication.
Fax Advertisements – A much less common offense today, sending unsolicited fax advertisements is still prohibited without written consent.
In 2012, the FCC revised the TCPA to require prior express written consent (PEWC) for autodialed or prerecorded telemarketing calls. 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. This allows consent to be obtained via email, web forms, texts, telephone keypress, or voice recording.
Under the TCPA, debt collectors must adhere to strict guidelines when contacting individuals, such as obtaining prior express consent before using automated dialing systems or prerecorded messages to reach cell phones. Violations of the TCPA can result in significant penalties, ranging from $500 to $1,500 per call, depending on whether the violation was unintentional or willful. While the TCPA primarily governs telemarketing practices, its provisions also apply to debt collection agencies, ensuring that consumers are shielded from harassment and excessive communication. This law works alongside consumer protection regulations, such as the Fair Debt Collection Practices Act (FDCPA), to uphold individuals’ rights and privacy.
The North Carolina TCPA attorneys of Maginnis Howard can evaluate 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.
