The Telephone Consumer Protection Act
What types of activities does the TCPA cover?
Telemarketing phone calls have been a nuisance and a source of frustration to people across the country for decades, and in an effort to cut down on this obnoxious type of marketing Congress passed the Telephone Consumer Protection Act (TCPA) in 1991. Despite the fact that this law has been in effect for more than twenty years, countless people nationwide continue to be harassed by unwanted robocalls, spam text messages and junk faxes. The TCPA, which is found at United States Code Title 47 §227, covers all of these types of telemarketing, and not only places rigid restrictions on their use but also gives the individual the right of taking private legal action for violations of the law.
Under the TCPA, telemarketers have several restrictions, and the act also, in many situations, prohibits junk faxes and calls which tie up more than two phone lines at a business. Robocall telemarketing is sometimes forbidden to be used in calling cell phone numbers or any other line for which the user will be charged for the call, which can include text message marketing. There are exceptions to these regulations, such as if you have previously provided your consent to receive such contact or if the call is being made for emergency purposes.
What can I do about a TCPA violation?
As soon as you have reason to believe that you have received a phone call, text message or fax which constitutes spam, contact us at Heyrich Kalish McGuigan PLLC for help in taking legal action to address the situation. We may be able to assist you in seeking enforcement of the FCC regulation prohibiting such contact, in addition to representing you in a claim against the telemarketer. The TCPA allows individuals to recover as much as $500 for each violation, and the court may increase the damages by a factor of three in cases where it is demonstrated that the defendant willfully or knowingly violated the law.