How You May Potentially Collect $500-$1500 Per Violation Under The Telephone Consumer Protection Act (TCPA)
The FCC has issued rules and regulations regarding auto dialing, auto text messaging, telemarketing, faxing and employing prerecorded messages.
This means that collection agencies, creditors, telemarketers, and companies have a lot of rules regarding how they can call you.
The Rules Of The Telephone Consumer Protection Act (TCPA)
The following are some of the rules enacted by the TCPA:
- Auto-Dialers CANNOT call emergency lines, hospital guest rooms, health-care facilities or retirement homes.
- Auto-Dialers CANNOT call or text your cell phone without previous written consent.
- Each company should keep a Do Not Call list and add consumers that don’t wish to be contacted to it.
- Each company should scrub any call lists against all DNC lists to make sure it’s not violated.
- Solicitors must give full and prompt disclosure regarding who they are and why they’re calling.
- Before any soliciting call is made, previous written request is required; obtained through checking an “authorized to contact” box online.
- Past business relationship with a consumer is no longer a viable way to circumvent written requirement.
What To Do If A Company Violates The DNC List Or Auto- Dialers CANNOT call or text
If a company violates the TCPA, you can sue and gain damages leading to $500-$1500 per violation
Who Must Adhere To Auto- Dialers CANNOT call or text?
The following are required to abide by the rules of the TCPA:
- Solicitors: Debt collection companies and creditors that call for commercial purposes.
- Auto Dialers: Live person, pre-recorded messages, text using call software or automatic dialing system.
- Debt collectors/Creditors/Marketing companies and agencies: agencies are NOT allowed to call your cell phone using an autodialer or pre-recorded message nor can they auto-text you; they’re solely allowed to call your cell phone IF there is a live person on the end.
If you feel any of these have been violated, you may be able to file a complaint and sue for damages.
The Tariq law firm, PLLC. is handling lawsuits on behalf of consumers who received unwanted calls from debt collectors, banks and different firms on their cell phones. Under the Telephone Consumer Protection Act (TCPA), people must give specific consent to receive certain forms of calls and have the right to demand from these companies, as well as debt collectors, to stop calling them immediately. For every unwanted call, a client may be able to collect between $500 and $1,500.
If you received unwanted calls to your mobile phone, our attorneys help you file a claim for compensation. Cases we typically take are people incorrectly contacted by a company searching for a different person and and people who were called after explicitly requesting a company to stop contacting them. If you’ve got questions on your rights under the TCPA, contact us today by filling out our free, no-obligation case review form.