Telephone Consumer Protection Act (TCPA)
Federal law prohibits a telemarketer from calling you if your telephone number has been registered with the National Do-Not-Call Registry, if the calls are made by auto dialer and/or pre-recorded messages are left on your phone. Also, the TCPA prohibits the sending of unwanted text messages, and advertisements via fax, also known as junk faxes. Such violations may entitle you to up to $1,500 per violation
Your Phone Number is Registered with the National Do-Not-Call Registry but Telemarketers Continue to Call
If you have registered your phone number previously with the National Do-Not-Call Registry (www.donotcall.gov) and have been receiving unwanted telephone calls, you may be entitled to minimum statutory damages of $500 per call and a maximum of up to $1,500 per call. Feel free to ask us to review your potential legal claim.
The TCPA prohibits pre-recorded or auto-dialed calls to a person’s telephone and entitles a person to minimum statutory damages of $500 per call and a maximum of $1,500 per call.
Continuing Robocalls (after you’ve told them to stop calling)
Even if you have provided your cell phone number to a telemarketer, bank or debt collector, you can always revoke consent. We advise that you do this in writing, however; this is not always necessary, particularly when you are not the intended recipient of the call or have no prior relationship with the caller. Pursuant to the TCPA, you may be entitled to recover a minimum of $500 per unlawful call (sent by an auto-dialer), these damages may in some instances increase to $1,500 per call.
The TCPA prohibits rerecorded voice messages and autodialed calls (including autodialed live calls, prerecorded or artificial voice messages to cell phones and other mobile services such as paging systems, subject to only two exceptions: 1) calls made for emergency purposes, and 2) calls made with the prior express consent of the called party. This broad prohibition covers prerecorded voice and autodialed political calls, including those sent by nonprofit organizations.
Text Message Spam
If you have received unwanted text message advertisements on your cell phone, you may be entitled to recover monetary damages. Some of the most common violators are, besides those behind the “junk cars” text message: restaurants, nightclubs, pizzerias, car dealerships, and delivery services. Pursuant to the TCPA, you may be entitled to recover a minimum of $500 dollars per unlawful text message (sent by an auto-dialer), and in some cases, even more, such as those already enrolled in the National Do-Not-Call Registry (www.donotcall.gov).
Unwanted Faxes (Junk Faxes)
The Telephone Consumer Protection Act (TCPA) makes it a violation of federal law for a person to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement (a “junk fax”) to a telephone facsimile machine. The TCPA allows an individual a right to sue to: (i) enjoin future transmissions, (ii) recover the greater of actual monetary damages or $500 in damages for each junk fax, or (iii) an injunction plus damages. If the court finds that the sender willfully or knowingly violated the Act, the court may increase the award up to three times the amount of damages.
Not every fax is a junk fax that violates the federal law. To be subject to the Act, a fax must be an “unsolicited ad.” An ”unsolicited advertisement” is any material advertising the commercial availability or quality of any property, goods, or services that is transmitted to any person without that person’s prior express invitation or permission.