Harassing Text Messages, Phone Calls, Emails, or Faxes – North Carolina Telemarketing Consumer Protection Lawyer


Everyone has experienced unwanted phone calls, harassing text messages, phone calls, or e-mails from companies marketing goods and services. Not only is this conduct harassing , but also potentially illegal, warranting money damages for the consumer. The Telephone Consumer Protection Act of 1991 (TCPA) is federal legislation designed to counteract the aggressive actions of telemarketers and collection agencies. The TCPA was designed to limit automatic calls, texts, and other contact placed by companies to landlines, cell phones, emails, and even fax machines. The Federal Communications Commission enforces compliance with the requirements, which include accurate caller identification, prohibitions against calling phone numbers on the “do not call” list, and using prerecorded voice calls to cell phones.

The TCPA provides a private right of action including damages of $500 per violation. If a court determines the violation was “knowing and willful” damages can be increased to $1,500 per violation. In the aggregate, these statutory damages can be significant.  Our firm has significant experience with the Telephone Consumer Protection Act, and have resolved numerous cases for over $100,000.00 in the past two years alone.  In 2017, we also secured a verdict at a hearing in a TCPA case for almost $300,000.00 for our client. Many lawyers advertise that they handle TCPA cases effectively; very few have gone the distance and won. Even fewer take these cases on a contingency basis, where no fees are owed unless you win.

If you are an individual receiving unwanted contact, contact the civil litigation attorneys at Maginnis Law, PLLC.  Maginnis Law is a Raleigh civil litigation firm with attorneys handling all matters related to illegal marketing actions under the Telephone Consumer Protection Act. To schedule a free case review, contact the firm at 919.526.0450 or submit a new case inquiry here. There is no obligation to hire us, we would love to inform you about your rights. You can also subscribe to our mailing list to learn about the rights you have under consumer protection law against large corporations.


In addition to federal law, North Carolina has strict restrictions on telephone solicitors (telemarketers). Under N.C.G.S. 75-100, telemarketers must properly identify themselves at the outset of the call, provide an accurate address or phone number, immediately end the call at the caller’s bequest, and not call before 8:00 A.M. or after 9:00 P.M. Automated calls are only allowed by non-profits, political campaigns, government officials and research groups. Automated calls relating to soliciting a sale of consumer goods or services are prohibited from contacting North Carolina residents. Penalties under North Carolina law can significantly exceed the penalties under federal law.

If you have received unwanted phone calls, text messages, faxes, or emails, the broad protections afforded under both federal and state law may entitle you to money. For a free consultation, contact the civil litigation attorneys at Maginnis law, PLLC. We represent TCPA clients throughout the state, including Raleigh, Durham, Chapel Hill, Cary, Apex, Knightdale, Morrisville, and Garner. Our firm handles harassing text messages and phone calls case on a contingency basis, meaning you do not pay fees unless we obtain compensation for you. To speak our civil attorneys, contact the firm at 919.526.0450, or send a confidential email inquiry using our contact page.