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The Telephone Consumer Protection Act (TCPA)

Debt collectors, credit card companies, service providers and telemarketers frequently use auto-dialers or pre-recorded messages as their method of contact. Your privacy gets violated by calls and texts early in the morning, during dinner, when you have company or otherwise are busy. If these contacts are made to your cell phone, the collector or telemarketer has most likely violated the Federal Telephone Consumer Protection Act or (TCPA). Damages under the TCPA are mandatory for each violation, and you may be eligible for compensation of up to $1500 per call, text or fax.

What is the Robocall Law/the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act is a federal law that makes it illegal for any person or any company to use an auto dialer to contact you without your prior express consent. The TCPA prohibits unauthorized telemarketing calls, auto-dialed “robo” calls and text messages to a cell phone, and unsolicited junk faxes.

This law can award you damages of between $500 and $1,500 per call/text against anyone who violates your right to privacy with these annoying robotized messages and texts. Read the complete Telephone Consumer Protection Act.

What is required?

The Telephone Consumer Protection Act (TCPA) is the federal Robo call law and protects consumers by regulating telemarketing calls, auto-dialed “robo” calls and text messages to a cell phone, and unsolicited junk faxes by requiring “prior express consent” to robodial. It also prohibits a telemarketer from calling a consumer if the consumer’s phone number is listed on the National Do-Not-Call List.

What can I do if I’m receiving robo calls or texts?

Download Free Call LogIf you are receiving robo calls or texts, or think you are receiving robo calls or texts track all contacts with this call log and then contact us for a free case review. We will listen to your experience and let you know if you have a case, with no obligation to you. If you have a case, we will counsel you on your right to seek damages of $500 for each contact. And in some instances, courts can levy triple damages up to $1,500 per instance. The consultation is free and the representation is no cost* to you. Don’t wait, contact 888-595-9111 today and protect your right to privacy.

Who is regulated?

Essentially, any entity that utilizes an auto-dialer to place phone calls in a manner prohibited by the statute. Common examples of entities which tend to be regulated by this law include debt collectors, creditors, telemarketers, companies who are hired to advertise, service providers, and solicitors.

When does the law apply?

When these persons or agencies contact you, without your permission, through the use of an automated dialing system or by using a pre-recorded or artificial voice, or by sending an unsolicited text message it is possible that your rights under the TCPA are at risk. If you have not given your permission (such as when applying for a loan or in a conversation with them), your TCPA rights may be violated if (1) they call or text message your cell phone using an auto-dialer; (2) call your cell phone and use a pre-recorded voice; (3) auto-dial your residential phone to deliver certain types of telemarketing calls; (4) call your residential line using a pre-recorded voice with certain types of telemarketing calls; or (5) send a junk fax to your fax machine without properly identifying themselves and their number.

Chapters of the Telephone Consumer Protection Act (TCPA)
Read the Full TCPA

Read the full TCPA in its entirety or click the links below to view each chapter individually.

A. Definitions of the TCPA
B. Restrictions on use of automated telephone equipment 
C. Protection of subscriber privacy rights 
D. Technical and procedural standards
E. Effect on State law 
F. Actions by States 
G. Junk fax enforcement report

See the details of an annual report that must be submitted to Congress each year relating to the sending of advertisements to fax machines.

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4 comments

  1. I’m not sure if I signed anything g giving permission for a robo call. But I receive. Several calls even after my car was repoed.

    • Makes sense you do…repo companies will stop at (near) nothing to reach you…

      As for your issue, imagine repossession as a branch of the consumer law tree. The TCPA forms another branch of that tree, and your consumer rights are being violated under the TCPA if they are auto dialing you without your prior express consent. But there are other branches too, and your consumer rights might also have been violated under TILA at the time of your loan, and could be being violated under EFTA if you pay (even repo fees) electronically. Likewise, your FCRA rights could be violated depending on how the loan (and/or other credit accounts) are being reported. Each of these branches provides damages…which is a branch to solving the repo problems. Give us a call, lets examine your repo as a whole and see what we can find to help…No cost or obligation for the consultation.

  2. I cannot find information anywhere regarding calls to place of employment in Florida. The law in FL states collectors cannot “Communicate or threaten to communicate with a debtor’s employer..” Does this mean not to communicate directly with the employer, or does it mean not to communicate with a consumer at their place of employment?

    • Calls to an employer are restricted to begin with, and prohibited upon demand–damages for non compliance. We’d like to hear more about the situation and sent you an email, please reply or call.

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