Telephone Consumer Protection Act

Telephone Consumer Protection Act

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The Telephone Consumer Protection Act (TCPA) was passed in 1991 to amend the Communications Act of 1934. It was designed to protect consumers from excessive telephone solicitations and the use of automated telephone equipment used by telemarketers. It does some of the following:

  • Limits the use of automated dialing systems
  • Limits artificial or prerecorded video messages, SMS text messages, and faxes
  • Specifies several technical requirements requiring identification and contact information of the person using fax machines, autodialers, and voice messaging systems
  • Keeps solicitors from calling people before 8 a.m. or after 9 p.m.
  • Requires solicitors to honor the National Do Not Call Registry
  • Requires solicitors maintain a company-specific “do-not-call” (DNC) list of consumers who ask not to be called
  • Requires solicitors to honor DNC requests for 5 years
  • Forbids solicitation to residencies that use an artificial voice or a recording
  • Forbids unsolicited advertising faxes

Violations of the TCPA

Not only are consumers protected from telemarketers, but they are also protected from debt collectors. If anyone violates the terms of TCPA, consumers have a way to remedy the situation. First, however, consumers who are receiving calls that violate TCPA should take steps to document all violations committed. This includes obtaining and saving all phone records and highlighting incoming calls from debt collectors and telemarketers. If you revoked your consent to receive calls, keep a copy of the letter. You can use this collection of materials as evidence in a case against the offender.

Why Call a Lawyer?

Those who receive calls, faxes, and texts in violation of federal law can file a lawsuit against the telemarketer or debt collector for the offense. An excellent New York City debt collection defense attorney can help you put that documentation to good use in negotiations or in a court of law. If you win your case you could recover:

  • Up to $500 per phone call that violates the TCPA

  • Up to $500 for each violation of the Do-Not-Call registry

  • Up to $1,500 per phone call if you can prove the TCPA was violated knowingly and willingly

If you need help with your case, don’t hesitate to call The Law Office of Abel L. Pierre, Attorney at Law, P.C. Our skilled attorney can provide you with dedicated assistance against the perpetrator who has harassed you in violation of the TCPA.

To get started on your case, call us at (888) 744-0757 or fill out our online form to speak with our experienced lawyer today.

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