TCPA Violations Attorneys
Abusive robo-calls are the #1 consumer complaint in the United States.
Did you know that Florida consumers have legal rights under the Telephone Consumer Protection Act (TCPA)? If banks, student loan companies, mortgage loan companies or other debt collectors have unlawfully contacted you, Wenzel Fenton Cabassa, P.A. can help.
What is the Telephone Consumer Protection Act (TCPA)?
The TCPA was signed into law in 1991 to protect U.S. consumers from aggressive telephone solicitors and automated telephone equipment. TCPA regulations include restrictions on:
- Automated Dialing Systems
- Artificial or Prerecorded Voice Messages
- SMS text messages
The primary purpose of the TCPA is to limit the number of nuisance calls that you get every day. But it is also about the consumer’s right to privacy. Congress passed the act to protect you from harassment and bullying from these relentless callers.
We fight hard for the rights of consumers, as well as employees, and are dedicated to holding bullies accountable for TCPA violations.
Standard TCPA guidelines
Mega-corporations and other robo-bullies make a ton of money every day harassing consumers just like you. There are certain TCPA guidelines they should follow — but they often break the rules. If you have not given “prior express written consent” for a company to call you, there are standard TCPA guidelines for consumers that include:
- Prohibiting solicitors from calling cell phones or U.S. households before 8 a.m. or after 9 p.m., local time
- Prohibiting solicitors from calling cell phones or U.S. households using an artificial voice or a recording
- Requiring solicitors to maintain a company-specific “Do-Not-Call” (DNC) list – and honor the National Do Not Call Registry
- Requiring solicitors to provide their own name, the name of the entity or person on whose behalf the call is being made, as well as a telephone number or address where that entity or person may be contacted
The TCPA law does have its complexities. It is important to know that robocalls are not just prerecorded messages; they are any calls that are made using an automatic telephone dialing system (ATDS).
Texts are also considered “calls” and can be subject to TCPA penalties too. Faxes can also sometimes be covered by the TCPA.
TCPA violation penalties
Did you know that you may be entitled to up to $1500 for each unwanted call you have received in the last 4 years?
These robo-bullies are some of the biggest bullies around —calling up to 14 million people every day or texting up to 18 million times each month. It is hard to know the total number of calls that all the banks and debt collectors make, but experts have estimated that in the United States — approximately 1.5 billion robocalls happen every day. It’s outrageous! They should be held accountable for their harassment, and Wenzel Fenton Cabassa, P.A. is here to be your legal advocate for TCPA violations.
Even if you owe money to a company, you still have the right to tell them to stop calling.
The minimum penalty for TCPA violations is $500 per call. If you have explicitly told the company to stop calling, and they continue to do so anyway, every call is a violation, and the penalty rises up to $1500 per call.
Have you been getting calls from debt collectors before 8 a.m. or after 9 p.m., local time? If so, these calls are in direct violation of the TCPA time restriction. Has a company refused to stop calling you after you told them not to? Because this type of harassment is so profitable, these robo-bullies don’t have much incentive to stop. That’s what TCPA litigation is for — to stop them in their tracks and inflict TCPA penalties for their unlawful behaviors.
Even if consent was given previously, a consumer has the right to revoke that consent by contacting the debt collector or telemarketer and telling them to stop calling a cell phone or residential line.
DOCUMENTATION OF EVIDENCE FOR TCPA VIOLATIONS
- Acquire and save cell phone and/or residential phone records — highlighting all incoming calls from banks, telemarketers, and other debt collectors
- Make detailed written records of the relevant calls — recording important information like date, time, who you talked to, what company they represent, and a summary of the conversation
- Save all of the voice messages from banks, telemarketers, and other debt collectors
- If you have a letter where you revoked consent for the calls — save it and keep it with your records
Any documentation of evidence you have of TCPA violations will make your claim stronger in the eyes of the law.
Contact Wenzel Fenton Cabassa, P.A, about TCPA violations
The TCPA exists to protect the rights of people just like you. These robo-bullies are often very aggressive because they get away with it and make a lot of money in the process. If you have been the subject of violations of TCPA guidelines, contact our law firm today.
We are employee rights attorneys that also have a strong determination to protect consumers from these bullies. Harassment is not only wrong in the workplace — it should never be tolerated anywhere. That’s where we come in.
At Wenzel Fenton Cabassa, P.A., our attorneys will tackle TCPA violations aggressively with you and your family in mind. You have the right to legal protection. TCPA penalties are severe, and you may be entitled to $1500 per call. Our law firm will be with you every step of the way to help you protect your privacy.
Don’t let the robo-bullies get away with unlawful harassment in violation of TCPA law.
Contact our office to schedule your free consultation. We have locations for consultations throughout Florida for your convenience:
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.