Subhan Tariq, Esq
Are You Tired of Receiving Robocalls?
Learn your rights under the TCPA
Automated or prerecorded text messages and voice calls can be disturbing and annoying. Luckily, consumers are protected from these types of calls or texts under the Telephone Consumer Protection Act (TCPA). TCPA, one of two major federal regulations governing telephone communications in the US (the other is FTC's Telemarketing Sales Rule), was enacted in 1991.
The law regulates telephone solicitations and prohibits certain telemarketing calls, texts, and faxes. Additionally, it restricts the use of artificial or prerecorded voice messages as well as automatic dialing systems. Therefore, any person, entity, or business that conducts telephone solicitations, including telemarketers, banks, and debt collectors, should follow the TCPA and refrain from calling consumers on a cellphone via an automatic telephone dialing system without their consent.
The rules to be followed by solicitors and debt collectors mentioned in the TCPA are:
· They may only contact residential consumers between 8 AM and 9 PM (local time to the consumer).
· They are required to maintain an internal Do Not Call list of consumers who asked not to be called or texted.
· They may provide their name, the name of the company, and a telephone number or address which can be used to contact them.
· They are required to suppress phone numbers on the National Do Not Call Registry.
· They must obtain prior express written consent before making marketing calls or texts when those are initiated using an automated telephone dialing system.
The TCPA was created to ban all automated or prerecorded robocalls, except for those made in emergencies or when the recipient has given the authorization to receive the call.
How You Can Stop Receiving Robocalls?
When the company violates the TCPA, the consumers can file complaints with the Federal Communications Commission (FCC). The FCC and state Attorney General can both enforce TCPA and may bring lawsuits against the companies in federal court for violating the provisions of TCPA.
In addition, the law provides consumers with a private right to file a lawsuit against the company and claim actual damages of $500 for each violation by the company. However, if the TCPA knowingly violated the law, the amount could be increased to $1500. This results in thousands of lawsuits being brought every year against companies upon violation of the TCPA. Class action suits remain a greater risk for companies which often results in millions of dollars in settlements.
If you have been receiving robocalls from debt collectors, contact us at email@example.com. We can assist you and advise you on all of your legal options in order to ultimately stop receiving Robocalls.