Frequently Asked Questions About the TCPA
Q: What types of unwanted contact are covered by the TCPA?
A: The TCPA covers unwanted phone calls, text messages and fax communications — including calls sent after you have asked callers to stop calling/texting or to remove you from their list as well as unwanted text messages sent without your express consent to opt in for such communications. The TCPA also protects consumers who receive repeated, unwanted calls for someone else after being advised to stop calling, robocalls and telemarketing contact to consumers whose numbers are on the “Do Not Call” list.
Q: Must businesses always obtain prior, express, written consent before calling or texting?
A: Generally speaking, yes. However, there are nuances and exceptions that can apply in certain situations. In addition, there are various interpretations of what constitutes consent. A TCPA defense attorney versed in these rules can help you understand whether a business has violated the TCPA’s consent provisions.
Q: Who is subject to the TCPA?
A: The TCPA applies to virtually all individuals and businesses in the United States, with certain exceptions for charitable solicitations. However, charitable solicitations are still prohibited if the recipient is on the Do Not Call list. The majority of TCPA violations come from telemarketers, debt collectors and financial institutions.
Q: Do I need to prove that the calls were made with an autodialer to have a TCPA case?
A: Not always. While autodialed and prerecorded calls are common violations, repeated calls after you ask a company to stop or calls made to a wrong number may still qualify. A telemarketer harassment lawyer can review your records to determine if the caller’s behavior triggers TCPA protections.
Q: Can I file a TCPA claim if the caller is a debt collector or financial institution?
A: Yes. Many TCPA cases involve collectors and lenders using automated systems. These businesses must follow consent and opt-out rules, and violations can occur even when an account relationship exists.
Q: How long do I have to file a TCPA lawsuit?
A: TCPA claims generally follow a four-year statute of limitations. Acting sooner allows a TCPA law firm to preserve call logs, messages, and recordings that may support your case.