Telephone Consumer Protection Act Lawyers
The Telephone Consumer Protection Act (TCPA) is the response of the Federal Communications Commission (FCC) to over 150,000 complaints each month by consumers being harassed by predatory robocalls and spam text messages. A robocall is an automated phone call that is made with autodialing technology. This special computer software dials numbers automatically and requires no human intervention. The TCPA forbids these types of calls without express written consent. At The Law Offices of Jibrael S. Hindi, our firm has recovered millions of dollars for victims of these annoying, abusive, and invasive calls or text messages. It is not uncommon for our clients to recover over $10,000 on a standard TCPA case. Contact us today if you’ve been the victim of cell phone harassment.
WHAT CONSTITUTES A TCPA VIOLATION?
Like many people, you might receive calls or text messages several times a day or week by the same entity, whether a debt collection agency or another company, regardless of whether you pick up the phone or not. It is highly likely that the call or text message was made using an autodialing system (ATDS). This type of call or text is illegal under the TCPA if you have not permitted the entity to contact you. Unless you’ve provided prior express consent to be contacted, the TCPA prohibits solicitors from the following acts:
- Using an ATDS to call, leave pre-recorded messages, and text cell phones.
- Failing to identify themselves over the phone properly. Companies placing robocalls are required to disclose their identity to the recipient of the phone call.
- Calling residential phone lines before 8 a.m. or after 9 p.m. This applies to solicitations from telemarketers who do not have “an established business relationship” with the person they are calling.
- Calling consumers listed on the Do Not Call Registry. The TCPA strictly prohibits this. Consumers can place their residential and cell phone numbers on this list.
- Calling consumers who have withdrawn consent to receive these calls.
- Calling a phone number looking for another person.
In the case of a TCPA violation, you are entitled to sue for $500–$1,500 per call or text message. If you’re being harassed due to a TCPA violation, please contact our office today to schedule a free legal review of your potential TCPA case.
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WHAT CALLS ARE EXEMPT TCPA COMPLIANCE?
There are a few rare cases in which specific calls and communications are exempt from the regulations of the TCPA. Calls and communications that are not subject to TCPA compliance include:
- Calls from tax-exempt, non-profit organizations
- Calls made with a non-commercial purpose
- Calls that do not include any unsolicited advertisement
WHAT IS PRIOR EXPRESS CONSENT?
For a company to initiate any robocall to any residential telephone line, they must first have “prior express consent,” unless the call is placed for emergency purposes.
According to former TCPA regulations, the FCC construed this to include verbal approval or implied approval for companies to call. For example, providing your contact information to a company when buying a product or service was formally deemed implied consent.
However, that changed in recent years when the “established business relationship” exemption no longer applied. The FCC’s new explanation of prior express consent now necessitates a signed, written agreement that explicitly agrees to receive marketing calls or text messages through a pre-recorded voice or an autodialer.
However, it’s important to note that this rule does not apply to debt collection calls or texts, unless they contain any promotion.
HOW DO I RECORD EVIDENCE OF TCPA VIOLATIONS?
It is incredibly challenging, if not unfeasible, to sue a party for violating TCPA regulations when you don’t know who the company is or how to get in touch with them.
Before trying to file a TCPA lawsuit or class action lawsuit, you must take the following actions to document breaches:
- Save all text messages and voicemails
- Do not delete your caller ID history
- Save all voice messages and text messages
- Make a written record of the calls and text messages you’re receiving, including the date and time, the caller’s identity, and a summary of the conversation or message
- Save a copy of any written requests to withdraw your consent to be contacted
If you have been the victim of violations of TCPA guidelines, contact The Law Offices of Jibrael S. Hindi today.
What are the Benefits of Having a TCPA Lawyer?
When companies ignore the law and keep bombarding you with robocalls, spam messages, or aggressive telemarketing tactics, it can feel like an invasion of your personal space. You don’t have to put up with it. TCPA lawyer Jibrael S. Hindi will take action so you can get back to enjoying life without harassment. He’ll hold these businesses accountable, ensuring they stop violating your rights and pay for the disruption they’ve caused.
These are just a few ways a skilled TCPA attorney can help.
Financial Compensation for Violations
Many people don’t realize they could be owed money for every unwanted call or text they receive. Again, under the TCPA, consumers may be entitled to compensation for each violation. Those payments can add up quickly, turning a frustrating experience into a financial recovery that puts money back in your pocket.
TCPA lawyer Jibrael S. Hindi will assess every unwanted call or text you’ve received and determine how much the company owes you. Instead of accepting the inconvenience and hoping it stops, you’ll have an advocate who demands real consequences for businesses that break the law. Taking action sends a message that companies can’t get away with ignoring consumer rights.
Legal Protection Against Aggressive Debt Collectors
Some of the worst TCPA violations come from aggressive debt collectors who refuse to take no for an answer. Even when consumers dispute debts or ask for communication to stop, certain companies continue to call, pushing legal boundaries. You don’t have to deal with that stress alone.
A TCPA attorney will stand between you and those harassing calls. They’ll work to force debt collectors to comply with the law and stop their relentless tactics. Instead of dreading every phone call, you’ll have peace of mind knowing a lawyer is handling the problem for you.
Holding Companies Accountable for Harassment
Debt collectors and other companies that violate the TCPA often think they can get away with it because most consumers don’t know their rights. Having a lawyer changes that dynamic. Businesses start paying attention when they realize someone with legal power is standing up for you. They know they can’t ignore TCPA violations when a skilled attorney is involved.
Your TCPA lawyer will take legal action against any company violating your privacy. Whether that means negotiating a settlement or taking the case to court, you’ll have an attorney who fights for the compensation and justice you deserve.
Take Back Control of Your Phone and Your Privacy
No one should have to deal with daily harassment from unwanted calls and texts. The law is on your side, and when you work with a TCPA attorney, you’ll have the legal support needed to stop the violations. Companies that ignore consumer rights won’t stop on their own, but they will when faced with an attorney who refuses to let them get away with it.
You don’t have to put up with spam calls, aggressive telemarketers, or debt collectors. The legal team at The Law Offices of Jibrael S. Hindi will fight for your rights, pursue financial compensation, and restore the peace and privacy you deserve. It’s time to regain control of your phone – and your life. Contact us now.
Schedule A Free Consultation With South Florida’s Experienced TCPA Attorney
If you’re receiving unwanted robocalls, texts, or telemarketing calls, you may be protected under the Telephone Consumer Protection Act (TCPA). At PZ Law Group, we help consumers stop the harassment and pursue compensation for illegal communications.
Contact us today for a free consultation—let’s put an end to the calls and hold the violators accountable.