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 PZ Law Group 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- Calling consumers who have withdrawn consent to receive these calls.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.
Get A Free Case Review
WHAT CALLS ARE EXEMPT TCPA COMPLIANCE?
Under the Telephone Consumer Protection Act (TCPA), certain types of calls are exempt from compliance requirements. Here’s a concise list of common exemptions:
Emergency Calls: Calls made for emergency purposes, such as those from hospitals or emergency services, are exempt.
Non-Commercial Calls: Calls that do not have a commercial purpose, including those from tax-exempt nonprofit organizations, are generally exempt.
Informational Calls: Calls that provide purely informational messages, such as school closures or flight updates, without any marketing content, are typically exempt.
Political Calls: Political campaign calls may be exempt from certain TCPA restrictions, though they must still adhere to specific guidelines.
Survey or Research Calls: Calls conducting surveys or research, without any sales component, are usually exempt.
It’s important to note that while these categories may be exempt from certain TCPA provisions, other regulations or state laws might still apply. For comprehensive guidance, consulting the Federal Communications Commission (FCC) rules or legal counsel is advisable.
WHAT IS PRIOR EXPRESS CONSENT?
For telemarketing or promotional communications, the TCPA mandates prior express written consent. This entails:
Written Agreement: A document—either physical or electronic—signed by the consumer.
Clear Disclosure: The agreement must explicitly authorize the seller to deliver marketing messages using an autodialer or prerecorded voice.
No Purchase Requirement: The consent must state that agreeing to receive such communications is not a condition for purchasing any goods or services.
How Can PZ Law Group Help?
1. Cease Unwanted Communications
A TCPA attorney can help stop harassing calls, voicemails, and text messages from telemarketers, debt collectors, and other entities. They ensure that companies comply with regulations regarding call times, consent requirements, and the use of automated systems.
2. Pursue Compensation
Under the TCPA, individuals may be entitled to compensation ranging from $500 to $1,500 per violation. An attorney can assist in documenting violations and pursuing legal action to recover these damages.
3. Navigate Complex Regulations
TCPA laws are intricate and frequently updated. An experienced lawyer stays informed about the latest legal developments, ensuring that your case is handled with current knowledge and strategies.
4. Handle Class Action Lawsuits
If multiple individuals are affected by similar TCPA violations, a lawyer can help organize or participate in class action lawsuits, potentially leading to significant settlements.
5. Provide Cost-Effective Representation
Many TCPA attorneys offer contingency-based services, meaning they only collect fees if you win your case. This approach minimizes upfront costs and financial risk for clients.
If you’re experiencing persistent, unwanted communications, consulting with a TCPA lawyer can be a crucial step toward protecting your rights and seeking appropriate remedies.
Under the Telephone Consumer Protection Act (TCPA), individuals subjected to unlawful calls, texts, or faxes may be entitled to financial compensation. Here’s an overview of the potential remedies:
Contact an Experienced TCPA Attorney Today
Immediate Relief from Harassment: A TCPA attorney can help stop unwanted calls, texts, and voicemails, ensuring that your rights are protected and that the harassment ceases promptly.
Maximizing Financial Compensation: Legal professionals can assess the extent of violations and pursue appropriate compensation, which may include statutory damages of up to $1,500 per violation, depending on the nature of the infraction.
Navigating Complex Regulations: The TCPA encompasses intricate rules and exceptions. An experienced attorney can guide you through these complexities, ensuring that your case is handled effectively and in compliance with all legal requirements.
Consulting with a TCPA lawyer can empower you to halt intrusive communications, seek rightful compensation, and navigate the legal landscape with confidence.
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.