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The Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA)
In 1991, Congress passed the Telephone Consumer Protection Act. We represent people who have experienced of violations of this law.
In general terms, callers, such as telemarketers and debt collectors, are not permitted to use certain types of automated telephone dialing systems to call your mobile phone. These types of calls are commonly known as robocalls. These types of calls are unlawful, unless an established business relationship exists between you and the caller with your prior, express written consent.
Here is a relevant part of the TCPA:
(b) Restrictions on use of automated telephone equipment (1) Prohibitions. It shall be unlawful for any person within the United States...to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party)...using any automatic telephone dialing system or an artificial or prerecorded voice...to any telephone number assigned to a...cellular telephone service[.]
If a violation occurs, the law allows you a recovery of $500 violation (per call). If the calls were made willfully or knowingly, the damages can go up to $1,500 per call.
If you want unwanted calls to stop, or if you have given a caller permission and you want it to stop, you can revoke permission. We recommend you also make the request writing, send it to the caller via certified mail, return receipt requested, so you can document the request for the future.
To read more about the law generally, go here.
To read the law, go here.
Free Case Evaluation • Call 702-550-9499 • Email us: info@craigperry.com
In general terms, callers, such as telemarketers and debt collectors, are not permitted to use certain types of automated telephone dialing systems to call your mobile phone. These types of calls are commonly known as robocalls. These types of calls are unlawful, unless an established business relationship exists between you and the caller with your prior, express written consent.
Here is a relevant part of the TCPA:
(b) Restrictions on use of automated telephone equipment (1) Prohibitions. It shall be unlawful for any person within the United States...to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party)...using any automatic telephone dialing system or an artificial or prerecorded voice...to any telephone number assigned to a...cellular telephone service[.]
If a violation occurs, the law allows you a recovery of $500 violation (per call). If the calls were made willfully or knowingly, the damages can go up to $1,500 per call.
If you want unwanted calls to stop, or if you have given a caller permission and you want it to stop, you can revoke permission. We recommend you also make the request writing, send it to the caller via certified mail, return receipt requested, so you can document the request for the future.
To read more about the law generally, go here.
To read the law, go here.
Free Case Evaluation • Call 702-550-9499 • Email us: info@craigperry.com
