The TCPA prohibits non-emergency calls from autodialers to cellphone numbers unless “prior express consent” is given by the owner of the number. But what exactly is “prior express consent” and are some companies abusing this relatively vague term to harass and intimidate consumers? The answer to the second question is most certainly yes – largely made possible by the complexities of the first.
There have been several rulings on the meaning of prior express consent, though the FCC defines it as “unambiguous written consent,” which seems to make clear the intent of the regulation. Nonetheless, unscrupulous companies continue to engage in questionable behavior under the premise that consent was granted – even in cases where such consent was not written. Do these companies have a valid defense? Sometimes. But even in these cases you are entitled to hold them accountable and seek compensation for any actions that are in violation of your protections.
The TCPA can be very confusing and understanding if your rights have been violated often requires the assistance of an experienced attorney. The Chicago consumer protection lawyers at Markoff Leinberger are here to review your case free of charge to help you understand your rights, your options, and the best way to stop harassment and get the compensation you deserve.
To schedule your free consultation at our Chicago office, please contact Markoff Leinberger online or by calling (888) 517-9115 today.