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Telephone Consumer Protection Act (TCPA)

Telephone Consumer Protection Act (TCPA)

How you may Collect $500-$1500 per violation under the Telephone Consumer Protection Act (TCPA)

The FCC issued rules and regulations regarding autodialing, auto text messaging, telemarketing, faxing, and prerecorded messages. It 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)

  • Auto-Dialers CANNOT call emergency lines, hospital guest rooms, health-care facilities or retirement homes
  • Auto-Dialers CANNOT call cell phone without previous written consent
  • Auto-Dialers CANNOT text your cell phone without previous written consent
  • Each company should keep a do not call list and once a consumer requests to not be contacted once more the company should add them to their list
  • Each company should scrub any call lists against all DNC list to make sure it’s not violated
  • Solicitors must give full and prompt disclosure regarding who they are 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 consumer is no longer viable way to circumvent written requirement

What to do If a company Violates the DNC List or TCPA Rules

You can sue for robocalls and gain damages leading to $500-$1500 per violation

Who must Adhere to TCPA rules?

  • Solicitors-Debt collection companies and creditors that call for commercial purposes
  • Auto Dialers- Live person, pre-recorded message, text using call software or automatic dialing system
  • Debt collectors, Creditors, marketing Companies-agencies not allowed to call your cell phone using an auto-dialer or pre-recorded message nor can they auto-text you; they’re solely allowed to call your cell phone if there’s live person on the end

What happens once somebody isn’t sticking to the rules?

Sometimes collectors don’t stick to the rules and you’ll be able to file a grievance and receive
compensation for it. Contact us today for a free case review to see if this applies to you!

How to get on the National Do Not Call List

The U.S. government created it easy for you to be on the national don’t call list. You’ll be able to add the numbers you do not want called. Call 1-888-382-1222 to get on it or sign up at https://www.donotcall.gov/

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