You have certainly had a call or two from telemarketers at some point, and you might have even added your number to the “Do Not Call” Registry, but you continued to get these calls despite thinking there was nothing else you could do but ask them not to call again.
However, the Telephone Consumer Protection Act suggests that further options could be available. You might be able to bring legal action against these businesses. You should seek a telemarketing attorney’s help if you have received unwanted telemarketing calls and want to know if you could be entitled to compensation. Your lawyer should examine your claim to see whether you qualify for compensation for the obnoxious calls you have been receiving.
How You benefit from the Telephone Consumer Protection Act
This law limits the kinds of calls that telemarketers can make to customers. This implies that telemarketers are prohibited from phoning individuals on their home or mobile phones, sending text messages, or sending faxes to them without first obtaining their permission. Additionally, it implies that telemarketers cannot contact those who have signed up for the “Do Not Call” list.
Does this apply to calls from debt collectors?
Yes, it is the solution. A company must abide by the Telephone Consumer Protection Act’s rules even if they call you to attempt to collect a debt you might owe. Other regulations only permit debt collectors to call during specific hours. Additionally, they are prohibited from using intimidation or threats to collect debts. Debt collectors are prohibited from claiming that you owe more money than you actually do. They are also prohibited from charging you unauthorized interest or other costs due to your debts. You might launch a lawsuit and be eligible for damages if they break the Telephone Consumer Protection Act regulations and other state and federal laws.
What to Do if You Keep Getting Obnoxious Calls
If you believe that you or someone you care about has received unsolicited and obnoxious telemarketing calls, you should:
- Make a note of any calls you get from telemarketers and obtain a copy of your phone records or save any calls you make.
- Record any telemarketing calls you get, and note the time, date, caller’s name, and the specifics of the conversation.
- Any messages you receive should be kept.
- Keep any correspondence if you have asked telemarketers not to phone you or added your name to the “Do Not Call” Registry.
What kinds of telephone lines are subject to TCPA regulations?
The TCPA covers both landlines and mobile phones. The rule also applies to fax ads, which must include an opt-out notice letting consumers know how to ask not to receive more fax advertisements in the future.
The TCPA forbids unauthorized sales calls, particularly robocalls. Technology advancements have made it inexpensive to make unauthorized sales calls to Americans and to spoof caller ID information to improve the chance that the calls would be answered.
Landline telemarketing calls that are artificial or prepared are not allowed without your specific permission. Autodialed or prepared calls for non-telemarketing purposes, such as surveys, polls, and charitable fundraising, are allowed. Last but not least, a landline that has been added to the Do Not Call registry prohibits receiving two or more telemarketing calls (automated or prerecorded) in a calendar year.
Without your clear written authorization, any automated or prepared telemarketing calls to cell phones are forbidden. At any moment, you can withdraw your permission to receive calls. Additionally, a debt collector may only contact you on your mobile phone if you provided it in conjunction with the debt transaction and not for any other reason. Last but not least, the TCPA forbids “junk” or unwanted advertising faxes and mandates that all advertising faxes include an opt-out notice. Contact a TCPA attorney if this has occurred to you.
Why Do Robocalls Occur?
Automated phone calls with recorded messages are known as “robocalls.” Robocalls are often employed in telemarketing, political, and public service announcement phone campaigns. Some robocalls tailor the message to make the call appear to be coming from a genuine person. There may be a brief delay or clicking sound when you answer the call. You may only get calls at specific times of the day, or, most clearly, the call will begin with a prepared message.
Damages Available for TCPA Violations
The TCPA gives customers strong legal options to sue companies for any infraction of the law. For each call, fax, or text that breaches the TCPA, you could be eligible to get $500 back. If the call was a deliberate breach of the law, these penalties could be treble to $1,500. A TCPA attorney can explain the fine violations and your potential rights to you.
For answers to any queries you may have and to study any papers to see how much compensation you may be entitled to receive, you should get in touch with knowledgeable telemarketing and robocall attorney. They should also assist you in gathering any further data or proof that may be needed for your case.
