The Telephone Consumer Protection Act (TCPA) – codified as 47 U.S.C. 227 – restricts sales solicitations to landline and cellular telephones and fax machines. The TCPA impose strict limitations on telemarketers' and other sellers' and debt collectors' use of autodialiers and pre-recorded or artificial voices (robocalls), text message advertising and fax machine advertising.
The TCPA established the “Do Not Call List” in an attempt primarily to stop telemarketers from pestering consumers on their residential landlines. Consumers can recover money, up to $1,500 per violation, for violations of the Do Not Call List. Visit our Do Not Call page for more information.
But the TCPA does so much more. It protects consumers from unwanted marketing and collection calls and texts to their cell phones, even if the cellular telephone number is not registered on the Do Not Call list. The TCPA also prohibits certain fax advertising.
If you believe your TCPA rights have been violated, please contact Markoff Leinberger, LLC online or by calling our Chicago office at (877) 905-5161 to schedule a free consultation and learn how we can help you collect the damages you are due, up to $1,500 per violation.
Everything You Need to Know About the TCPA
Look through this slideshow we put together to learn about TCPA protections and how they benefit you.
The TCPA protects consumers against harassment from telemarketers and debt collectors. Depending on the device, the TCPA offers different levels of protection.
- Residential phone lines
- Fax machines
Under the TCPA, calls to cell phones using automatic telephone dialers (virtually all sales and automated collection calls) and/or using pre-recorded or artificial voices (such as for the introduction), are illegal, unless you have given express written consent to the caller. Autodialed texts (such a mass text advertisement) to cell phones are also illegal unless you have given express written consent to the sender. This means when a creditor or marketing company attempts to contact you through one of these methods without your consent, they are in violation of your rights. Our Chicago TCPA attorneys can help stop the harassment and get you fair compensation when this occurs.
Residential landlines do not enjoy the same level of protection as cellphones, but they are protected from solicitations using prerecorded messages or artificial voices. If you suspect your rights are being violated or if you aren't sure, we can investigate the issue to help you determine if you have cause to file suit.
Not every call from a telemarketer or debt collector is illegal, but many are. If you have questions about your rights under TCPA or if you suspect your rights have been violated, please call our Chicago consumer rights attorneys at (877) 905-5161 to schedule a free case evaluation today.
Who Is Calling?
We don't have a magic wand, so we may need your help figuring out who is pestering you. Many telemarketers, already calling your cell phone in violation of the TCPA, don't particularly care about honesty. So, they might plant a fake caller i.d. The caller i.d. may not be enough for us to go after the caller. The caller may also lie about who he or she is or may make up a company name (something generic, like "Service Department" or "Warranty Department"). You may need to play along awhile to find out who is really calling. You may have to transfer to another salesperson. Eventually, they'll probably tell you who they are, because they want to make a sale. Do not give out too much personal information (never give out your social security or account numbers), but you may have to go through the process a bit to find out who to go after. If you can get a real company name, we can probably help.
Also, most companies hire marketing companies to make the calls. Just because a different company is doing the calling, whoever hired them is also liable. Just because ABC Corp. didn't do the dialing doesn't mean you can't sue it for hiring somebody to make the call. Find out who and then call us. You could get up to $1,500 per violating call.