Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) prohibits many types of solicitations and provides a number of remedies to victims of telemarketer harassment.

The TCPA is an important consumer protection law that helps consumers reclaim a sense of peace and quiet in their own homes. TCPA limits the use of automatic dialing systems and pre-recorded or artificial voice messages. TCPA also applies to text messaging and fax machines.

Please consider the following situations:

Are you receiving unwanted calls to your cell phone?

Have you informed collectors not to contact you, yet they continue to hound you?

Are you receiving prerecorded collectors calls (Robocalls)?

Are you being contacted by a company looking for a different person, even after you requested for the company to stop calling you?

Do the collectors fail to provide their name or the name of the creditor?

TCPA protects you from these unwanted communications. This act gives you a way to force callers to pay if they keep calling without your express oral or written permission. A TCPA lawyer can help pursue your rights.

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.

Why Hire a Telephone Consumer Protection Act Lawyer?

Hiring an experienced, knowledgeable Stein Saks, PLLC TCPA attorney can help stop unwanted calls and text messages, while holding businesses accountable for violating the rules. The TCPA provides that businesses violating consumers’ rights in this way may be liable to pay $500 for each call to a number on the Do Not Call list, and $500 to $1,500 for calls that violate one or more provisions of the TCPA.

Our TCPA law firm can help stop this harassment and provide you with compensation. Call Stein Saks, PLLC for a free consultation with a telemarketer harassment lawyer and we will tell you what options are available for you.

Contact Stein Saks, PLLC

for a free consultation to better understand how we can help you.

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