The TCPA was signed into law in 1991 to protect U.S. consumers from aggressive telephone solicitors and automated telephone equipment. TCPA regulations include restrictions on:
- Automated Dialing Systems
- Artificial or Prerecorded Voice Messages
- SMS text messages
The primary purpose of the TCPA is to limit the number of nuisance calls that you get every day. But it is also about the consumer’s right to privacy. Congress passed the act to protect you from harassment and bullying from these relentless callers.
We fight hard for the rights of consumers, as well as employees, and are dedicated to holding bullies accountable for TCPA violations.
STANDARD TCPA GUIDELINES
Mega-corporations and other companies make a ton of money every day harassing consumers just like you. There are certain TCPA guidelines they should follow — but they often break the rules. If you have not given “prior express written consent” for a company to call you, there are standard TCPA guidelines for consumers that include:
- Prohibiting solicitors from calling cell phones or U.S. households before 8 a.m. or after 9 p.m., local time
- Prohibiting solicitors from calling cell phones or U.S. households using an artificial voice or a recording
- Requiring solicitors to maintain a company-specific “Do-Not-Call” (DNC) list – and honor the National Do Not Call Registry
- Requiring solicitors to provide their own name, the name of the entity or person on whose behalf the call is being made, as well as a telephone number or address where that entity or person may be contacted
The TCPA law does have its complexities. It is important to know that robocalls are not just prerecorded messages — they are any calls that are made using an automatic telephone dialing system (ATDS).
Texts are also considered “calls” and can be subject to TCPA penalties too. Faxes can also sometimes be covered by the TCPA.
DOCUMENTATION OF EVIDENCE FOR TCPA VIOLATIONS
- Acquire and save cell phone and/or residential phone records — highlighting all incoming calls from banks, telemarketers, and other debt collectors
- Make detailed written records of the relevant calls — recording important information like date, time, who you talked to, what company they represent, and a summary of the conversation
- Save all of the voice messages from banks, telemarketers, and other debt collectors
- If you have a letter where you revoked consent for the calls — save it and keep it with your records
Any documentation of evidence you have of TCPA violations will make your claim stronger in the eyes of the law.
Recovering Damages for Telemarketer Harassment
The TCPA allows victims of telemarketer harassment to sue for compensation. Violations of the law by telemarketers can amount to $500 per call or text in damages. We encourage you to contact our firm for a free consultation to have your case evaluated by our North Carolina consumer protection attorneys.
Our North Carolina TCPA attorneys, Edward Maginnis and Karl Gwaltney handle TCPA claims across the State of North Carolina. We offer free consultations to all victims and handle TCPA cases on a contingency basis. This means that you do not pay any attorneys’ fees unless and until we obtain a verdict or settlement on your behalf.
To discuss your TCPA claim, contact our firm at 919-526-0450. You may also send any questions or inquiries you have about the Telephone Consumer Protection Act, or any other consumer protections laws, through our contact page.