Understanding TCPA Law and Your Consumer Rights

Understanding TCPA Law and Your Consumer Rights
Consumers across Florida need to be familiar with TCPA law. It exists to protect you from illegal robocalls — and gives you the right to compensation for TCPA violations.

Abusive robocalls are the #1 consumer complaint in the United States. A TCPA lawyer fights for your rights against companies breaking telemarketing law’s illegal and abusive behavior.

If banks, mortgage loan companies, student loan companies, or other debt collectors have unlawfully contacted you, the TCPA attorneys at Wenzel Fenton Cabassa, P.A. can help.

The Telephone Consumer Protection Act (TCPA)

In 1991, the United States Congress passed the Telephone Consumer Protection Act and signed into law to protect U.S. consumers from aggressive telephone solicitors and automated telephone equipment. Telemarketing law is not only about limiting the number of nuisance calls you get, but it is also about your right to privacy.

TCPA law mandates restrictions on automatic dialing equipment, SMS text messages, and artificial or prerecorded messages.

TCPA Guidelines Protect Consumer Rights

The amount of harassment and bullying by mega-corporations and other types of robo-bullies that takes place in the U.S. every day is astounding. According to leading experts, approximately 50 Billion robocalls occurred in the United States in 2021. They make a ton of money from the robocalls too. It is particularly egregious (and unlawful) when they do not follow the guidelines and commit TCPA violations.

TCPA GUIDELINESDid you know that if you do not give “prior written consent” for a company to call you, these mega-corporations and robo-bullies must follow TCPA guidelines?

Here are the restrictions in the TCPA:

  • Prohibits solicitors from calling cell phones or U.S. households before 8 a.m. or after 9 p.m., local time
  • Prohibits solicitors from calling cell phones or U.S. households using an artificial voice or a recording
  • Requires solicitors to provide their 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
  • Requires solicitors to maintain a company-specific “Do-Not-Call” (DNC) list – and honor the National Do Not Call Registry

Many people think that robocalls only include ones that have prerecorded messages. But the TCPA goes further than that. The restrictions includeany calls that are made using an automatic telephone dialing system (ATDS). It is quite common for companies to use ATDS with a live representative on the line.

Additionally, the TCPA also regards “texts” as calls. If you have been harassed and bullied due to recurring text messages, you may have a TCPA case. Contact a TCPA lawyer.

Penalties for TCPA Violations — and Compensation for Consumers

More than 14 million people are called every day by robo-bullies in the United States. 18 million texts each month from companies harass consumers too.

Did you know that you may be entitled to up to $1500 for each unwanted call you have received in the last 4 years?

Yes. This can add up to substantial compensation for consumers who have been the victim of repeated TCPA violations.

The TCPA has certain parameters that determine the amount of penalties for each call. There are minimum and maximum penalties. Here are the details:TCPA VIOLATIONS

  • $500 per call — minimum penalty for TCPA violations
  • Up to $1500 per call — if you have explicitly told the company to stop calling, and they continue to do so anyway. Each call that occurs after the notification is a violation. This is the maximum penalty per call.

Even with the stiff penalties associated with TCPA violations, companies continue to harass and bully consumers in Florida and across the country. Why? Because it is profitable for them – and they believe they can get away with it.

You have the right to tell companies to stop their harassing phone calls. Even if you owe them money. Additionally, you have the right to revoke consent for phone calls if you have given permission previously.

Have you been getting robocalls late at night after 9:00 pm, local time? You may have a TCPA case.

Is a mortgage loan company continuing to harass you with bullying phone calls after you told them to stop? You may have a TCPA case.

Robocalls law serves to make them stop – and to make them pay for their illegal actions.

When you work with a TCPA lawyer at Wenzel Fenton Cabassa, P.A., we will fight hard for your rights and are dedicated to holding bullies accountable.

How To Make a Strong Case

Your TCPA lawyer will lead as your legal advocate throughout each step of the process, aggressively standing up to bullying companies to get the best outcome in your case. They will develop the strategy and work hard to prove the case. Documentary evidence is needed to make the strongest case possible.

Here are some things you can do right now:MAKE A STRONG CASE

  • Acquire and save cell phone and/or residential phone records — highlighting all incoming calls from banks, telemarketers, and other debt collectors
  • Save all of the voice messages 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
  • If you have a letter where you revoked consent for the calls — save it and keep it with your records

Even if you don’t have detailed written records of all of the relevant calls, do not despair. Each piece of documentary evidence matters in the building of a strong case. You may have more evidence than you think. This is why it is important to take the step and consult with a TCPA lawyer. They understand what it takes to prove a TCPA case.

Contact a TCPA Lawyer Today

You have the right to protection against bullies that harass you and your family. If your TCPA rights have been violated, you could be entitled to significant compensation.

At Wenzel Fenton Cabassa, P.A., we are dedicated to the rights of Florida consumers and employees. We fight for justice in the best interest of you and your family.

Contact our office today to schedule your free consultation.

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