TCPA: Frequently Asked Questions

Consumer Rights Law Firm Serving Clients in Chicago, Illinois, and Nationwide

If you have questions about your rights and protections under the Telephone Consumer Protection Act (TCPA), the Markoff Leinberger consumer rights lawyers in Chicago can help.

To schedule a free consultation with an experienced Chicago TCPA lawyer, call 1-877-905-5161 today.

Here are some frequently asked questions about the TCPA.

What Is the TCPA?

The TCPA was enacted in 1991 to protect consumers from the use of autodialed phone calls from debt collectors and other entities without prior consent. This law contains a number of restrictions for how debt collectors contact the public as well as limitations for how debt collectors contact businesses.

How Does the TCPA Apply to Me?

As a consumer, the most important part of the TCPA regulation is the restriction the law places on the use of automated dialing systems to contact your cell phone. Many companies use automatic systems to make rapid calls to potential debtors, but under the TCPA it is unlawful for them to do so without your prior written consent. Non-compliance on behalf of these entities is a violation of your consumer rights.

This law applies to you regardless of whether or not you have registered with the FTC’s National Do Not Call Registry.

How Do I Know If My Rights Are Being Violated?

If you did not give written consent for an entity to contact your cell phone with an auto dialer and you receive robocalls, the caller is violating your rights. In order for a company to contact your cell phone, your consent for automated phone calls must be express and in writing. Generally courts have ruled that an initial consent given when an account was opened is substantial, however you can revoke your consent at any time and in any reasonable manner and if you have a record of your revoked consent for calling your cell phone but the company continues to call you in this way, the company is likely violating the TCPA.

What Should I Do If a Debt Collector Is Violating My Rights Under the TCPA?

Get as much information as possible.  Telemarketers often introduce themselves with generic names like "customer service department" or "merchant services."  Try to find out who they are really calling on behalf of.  It might take a few minutes to get the real entity or person behind the call.  Get the caller i.d., even though it might be spoofed (fake).  Keep a record of the call, such as a screen shot of your phone call log.

If you suspect that your rights have been violated under the TCPA, you should call an experienced lawyer. Damages for TCPA violations can quickly accumulate for every robocall that was made to your phone, even if you did not answer.

At Markoff Leinberger, we have experience helping consumers whose rights have been violated by debt collectors, and we know how to get you the compensation you deserve. If you think you may have been a victim of unauthorized automated phone calls, reach out to our consumer rights lawyers at 1-877-905-5161 to schedule a free consultation today.