Solicitations by telemarketers are disruptive to your daily life, and in some cases, can be a constant annoyance. Many are not aware that these calls (as well as unsolicited texts and faxes) often violate federal harassment law. Telemarketers are required to adhere to specific rules and restrictions under the Telephone Consumer Protection Act (TCPA).
How are Businesses and Consumers Protected from Harassment?
The TCPA restricts telephone solicitations, including the use of pre-recorded messages, automated telephone number dialing equipment, and messages sent to wireless phones, fax machines, and voice messaging systems. The Act specifically prohibits telemarketers from harassing consumers and penalizes companies that do not play by the rules.
Telemarketers must adhere to the following list of rules handed down by the TCPA:
- The law prohibits calls to consumers who have not given express consent to receive the call or have registered on a “Do Not Call” list. Further, callers who revoke consent.
- Solicitors cannot call before 8am or after 9pm
- Solicitors must provide their name and reason for the call.
- The law applies to land-line phones, cell phones, and fax machines.
Protection Against Harassing Phone Calls
North Carolina’s laws against unfair and deceptive activity, the federal Telephone Consumer Protection Act, and the Fair Debt Collection Practices Act all have requirements that protect consumers from annoying and antagonizing harassing phone calls, faxes, and text messages. The laws aim to stop or limit unwanted contact.
North Carolina provides for damages of up to $5000 per call for certain repeated conduct and the federal law provides for up to $1500 per call. While there are exceptions and limitations to these rules, if you are receiving repeated unwanted phone calls, we may be able to assist.
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.
Representation for Telemarketing Harassment
If you are an individual receiving unwanted contact, contact the consumer protection attorneys at Maginnis Howard. Our firm handles 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.
