Creditors and cyberbullies commit TCPA violations every day. Consumers receive repeated phone calls when they shouldn’t, even though it’s against the law. Congress enacted the TCPA to prevent this harassment — but the law is frequently ignored by aggressive companies.
Do you think you have a case against a company for TCPA violations?
Understanding the basics of TCPA violations is important to know if you may have a case.
What is TCPA?
The Telephone Consumer Protection Act (TCPA) protects consumers across the United States —restricting the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. The TCPA applies to both debt collectors and telemarketers.
The TCPA does not protect consumers from all calls, but it does cover a lot of ground when it comes to consumer protection. These rules are strict and can result in harsh penalties if broken. Here are some of the common ways that debt collectors and telemarketers violate the TCPA:
When they call: It is unlawful for them to call you after 9 pm or before 7 am local time.
How they call: It is unlawful for them to call you with an artificial voice message, recording, or an automated call (robocall), and to do so without your consent.
Who they call: It is unlawful for them to call you if you are on the national do-not-call registry or the company’s do-not-call list.
What they say: It is unlawful for third-party solicitors to call you on behalf of a creditor and not identify themselves. They have to provide the company name and their contact information.
Are any of these TCPA violations what you have experienced? If so, you may have a case. As mentioned above, there can be severe penalties for violations of TCPA regulations. Did you know that you may be entitled to up to $500 per call? In addition, penalties increase if the calls are deemed “willful.” If that is the case, you may be entitled to up to $1500 per call.
The more documentation you have of any TCPA violations, the better — including dates, times, who you talked to, and what you talked about. This helps to prove your case. But it is not required. It is common for cell phone records to be subpoenaed in TCPA cases.
Consumer Rights Attorneys Take on Creditors and Telemarketers to Demand Justice
Companies should be held accountable for their harassing actions. A consumer protection attorney works aggressively to stand up to many kinds of creditors and telemarketers across the United States. They understand the complexity of TCPA law — and can help you make the best legal decisions when it comes to dealing with TCPA violations.
Wenzel Fenton Cabassa, P.A. takes on creditors and telemarketers to demand justice and hold them accountable for violating the law. We handle all consumer rights cases with you and your family in mind.
Contact us today to set up a free, confidential consultation. You deserve to have legal representation.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.