What is the Telephone Consumer Protection Act (TCPA)?
The Telephone Consumer Protection Act, or TCPA, is a federal statute designed to protect consumers from the annoyances of automatic dialers, "robo-calls," unsolicited text messages, unsolicited fax messages, and calls made to a cell phone without consent. It is illegal for any person or company to make a call to your cell phone with the use of an automatic telephone dialing system or an artificial or prerecorded voice.
If a person or business is found to violate the TCPA, you may be entitled to $500 to $1500 for each call made to your cell phone without your prior express consent.
Common TCPA Violations
• Telemarketing calls placed to a consumer’s residential or cellular telephone line without prior express written consent.
• Telemarketing calls to a cell phone line and transmitting automated or prerecorded voices.
• Calls to a cell phone line while utilizing an "auto-dialer" or a "robo-dialer."
• Telemarketing calls to a residential telephone line (also known as a "house phone") and transmitting automated or prerecorded voices.
• Text messages sent to a consumer’s cellular telephone without prior express consent.
• Collection calls placed to a consumer’s cellular telephone without prior consent.
• Collection calls to a consumer’s cellular telephone after consent is revoked, either orally or in writing.
The TCPA is a strict liability statute. Meaning there are few defenses to these cases.
If you are getting these robocalls and robotexts from companies who you have not consented to have calling you, then you are entitled to statutory damages for each call. The minimum fine for each call is $500 and the maximum is $1,500.
When multiple calls have been made you receive the statutory damages for each call placed.
Bill Turley - San Diego Based TCPA Lawyer
What You Want in A TCPA Lawyer
You want a lawyer you can trust. No matter what kind of case you have. You need a lawyer that you believe has the skills, the experience and the understanding to win your case. You also need a lawyer that is going to encourage you to speak the truth when it comes to your claim and be honest with you if the case is going well or not.
Find out more about the TCPA and how to win your case with our article library, blog and FAQ page. And if you still have questions call our San Diego office today at 619-304-1000
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