Protecting Against TCPA Violations, Robocalls and Telemarketing Harassment
In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA) in an effort to address the emergent marketing calls.
The TCPA restricted companies from making marketing telephone calls as well as the use of making calls that were automatic in nature and/or pre-recorded.
The 1991 Act enforced these rules on both regular carriers and marketing companies. Shortly thereafter, the Federal Communications Commission adopted guidelines and regulations that would implement the TCPA.
This included but was not limited to requiring that companies who make solicitations via telephone calls institute policies for their company-specific “do not call” lists.
The following highlights some of the most important factors any person should consider when it comes to protecting against telemarketing and robocalls.Request a Free Consultation NO COST, we don't make a dime unless you do!
A Precursor to TCPA Violations - TCPA Lawyers' Definition of a Robocall
Prerecorded and even autodialed phone calls, which are made to a person’s landline and/or cellphone and are usually made without the person’s consent, are known as robocalls.
Robocalls are usually made by marketing companies known as telemarketers.
The main intent of these types of phone calls is to market or sell a person a product of a service. Usually telemarketers will call at random and without warrant.
It is important to note that robocalls also include other unsolicited types of phone calls than that of telemarketers.
Robocalls can also include debt collection agencies.
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How to Determine If the Call is Autodialed as a Basis for a TCPA Violation
There are a few ways to determine that a phone call is autodialed:
- Receiving more than four phone calls from the same caller
- Receiving more than four voicemails from the same caller
- Answering a phone call with no person on the other end, rather, a recording or some form of computerized voice
- Answering a phone call with no person and/or recording on the other end
Understanding the Telephone Phone Consumer Protection Act and its Violation Provisions
What is the TCPA?
Understanding the basis of the Telephone Consumer Protection Act is important for just about any person.
Rules and regulations, which implemented the Telephone Consumer Protection Act, went into effect in the year 1992 and were thereby established by the Federal Communications Commission.
The TCPA has established a limit on unwanted telemarketing calls, which have been previously recorded, to any person’s home telephone.
The TCPA has also prohibited the following to be made to a person’s cell phone:
- Autodialed phone calls
- Pre Recorded phone calls
- Text messages (also known as an SMS text message)
What is Restricted?
As a cellphone or landline phone call recipient, it is important to note that under the TCPA, unless proper authorization has been given, companies that call with the intent to sell are restricted to the following:.
1) Calls cannot be made before 8 a.m.
2) Calls cannot be made after 9 p.m.
3) In the event that a phone call receiver has chosen to opt of the seller’s calls or has otherwise chose to add his or her name to a “no-call” list, the caller cannot make phone calls to this person
4) Unwanted fax messages cannot be sent to a person’s home and/or office location
5) The caller cannot refuse to provide the following information:
a. The name of the company or individual on whose behalf the caller is calling from
b. The contact information of the company or individual
How Can You End the Calls?
Note: If you or someone you know is being harassed through unwarranted phone calls such as debt collections pursuing debt collection efforts, contact the support of a qualified and experienced TCPA attorney.
An attorney who has experience in this field can help you understand your options as well as guide you through the process of making a claim against the person or company making the phone call.
Unsolicited phone calls should never be a cause for stress and anxiety, contact a proficient attorney who can champion on your behalf.
Request a Free Consultation NO COST, we don't make a dime unless you do!