Robocall Law Summary(Telephone Consumer Protection Act, TCPA, 47usc227
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. It also prohibits a telemarketer from calling a consumer if the consumer’s phone number is listed on the National Do-Not-Call List.
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 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.
Is there a solution?
If you are receiving robo calls, or think you are receiving robo calls that violate the TCPA, contact us for a free case review. We will listen to your experience and let you know if you have a case. If you have a case, you can sue for damages up to $500 for each violation and in some instances, courts can levy triple damages ($1,500 per call)! Don’t wait, contact 888-595-9111 today!
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
An overview of terms and definitions used in the TCPA. Please review these terms to fully understand your rights.
B. Restrictions on use of automated telephone equipment
Read about the restrictions related to auto dialers and prerecorded voice messages.
C. Protection of subscriber privacy rights
Understand your rights and the actions you can take should your rights under the TCPA be violated.
D. Technical and procedural standards
Read the specific laws regarding prohibited use of fax machines and artificial or prerecorded voice messages.
E. Effect on State law
Understand how this Act works in conjunction with State laws already in existence.
F. Actions by States
Read how States can act on behalf of their residents for violations of the TCPA.
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.