The Telephone Consumer Protection Act

The Telephone Consumer Protection Act (the “TCPA”) was passed in 1991 to protect the consumer from constant telemarketing calls.  The TCPA prohibits making telemarketing calls using an artificial or prerecorded voice to a residential telephone without prior express consent or an artificial or prerecorded voice to a wireless telephone number without prior express consent.  If the autodialed or prerecorded call to a wireless number is for telemarketing consent must be in writing.

An Automatic Telephone Dialer Systems is equipment that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator and then to have the capacity to dial such numbers.

Auto Dialers allow telemarketers to place a great number of “robo calls” to consumers.  The TCPA protects the consumer from these types of calls.

Robo calls include text messages as well.  So, if you are receiving unsolicited texts from telemarketers, advertising concerts or parties, you are receiving robo calls.

The TCPA allows for a $500 recovery for each call if the entity placing the call violates these provisions.

If a collection or telemarketing company is calling or texting your telephone without your consent, you may have a claim for a payment by the company of a statutory fine of $500, and payment of the attorneys’ fees and court costs. Please call me at (480) 580-5025 to discuss a claim against the collection companies. As a debtor’s attorney, I will provide services necessary to pursue a company just as vigorously as it pursued you.

 

Leave a Comment