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Robocall Law Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act is a federal law prohibiting robo calls and texts and 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.

Robocall Law Summary, 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 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.

 Is there a solution?

If you are receiving robo calls or texts, or think you are receiving robo calls or texts 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, click for help or call 888-595-9111 today!

Chapters of the Telephone Consumer Protection Act (TCPA)

Read the Full TCPA
customer_serviceRead 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.

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    • PLENTY!

      First step is to track all calls with this handy call log (it applies to all calls, not just debt collection calls). Next, save all voice messages you get from these annoying robots. Finally, if they ever catch you and you talk to a live person, say “you don’t have my permission to call my cell” and record the date, time and person you spoke with on your call log.

      The Telephone Consumer Protection Act makes it illegal to use a dialer to call your cell phone unless they have your prior express consent. And this important law makes the caller liable to the person called in an amount between $500 and $1,500 PER CALL.

      This site can connect you with lawyers who can bring a TCPA claim for you at no out of pocket cost to you. Call 888-595-9111 now and learn your rights.

  2. I keep recieveing calls from a premier recovery group threatening to sue me over a debt i dont have what can i do to keep them from calling me and my work constantly

    • What do you do? Call us for help at no cost to you, it sounds like you have TCPA and FDCPA claims and are entitled to GET PAID and get them to stop (unfortunately, it often takes a lawyer to get things like this done, but you can find lawyers to help free here. 888-595-9111.

  3. I have fallen on hard times and was missing monthly payments on my credit card account. I called and spoke with someone in December and we made a payment arrangement stating that I would make monthly payments of X amount for 3-4 months, at which time we would reevaluate my situation. Even though I am following the payment agreement, the credit card company is still calling me daily insisting I pay more money. What can I do?

    • You likely have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  4. Capital One Credit Card’s auto dialer calls me EVERY SUNDAY when I’m in the middle of church. It’s so embarrassing and I’m sure it’s not legal…what can I do about it? I closed the account 2 months ago on my own and they’re still calling me!

    Also, there’s this fake company called “Pre-Trial Litigation.” That keep doing this auto call saying there’s a pending case against me for fraud. When I had Pre-paid Legal, I had them call them and tell them to stop calling me. They did for awhile now, they call me from a different number with a different name. It’s the same guy’s voice…any suggestions how to get them to PERMANENTLY STOP! Or, can they just keep changing names and numbers and call me forever??

    Thanks for your help!

  5. In 2012 I was in a MVA where another car hit me and I was injured. I had MANY medical appts for a few years. Two appts in 2012 my provider failed to disclose to my lawyer during the settlement process (had to sue my insurance for not covering bills, and the insurance company of the person that hit me). Fast forward to 2018 and I see weird late fees on my online patient portal so I call and ask about it and they said it was from these two dates back in 2012 that I never received a bill for, but perhaps my lawyer did since that would have been associated with the settlement. They said they’d look into it and call me back. A few weeks later I hadn’t heard anything and my patient balance at the next appt showed that same $70. When I went home I just ended up paying it just to get rid of the headache of it all since I was also not getting any response from my lawyer. About 2 weeks later I got a debt collection notice, not for that $70 in copays, but for nearly $6000 for what they un-billed my insurance for. Can they seriously do this, especially if they failed to include this in the settlement agreement that was settled nearly 2 years ago?

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