The Telephone Consumer Protection Act (TCPA) places significant restrictions on the ability of advertisers to make or send unwanted:
- Junk faxes
- Spam text messages
- Telemarketing robocalls
The consumer law attorneys at Markoff Leinberger have helped victims of TCPA violations. We know the laws which govern these practices, and we can help you hold violating businesses accountable for their actions.
This page will provide you with some basic information about TCPA violations, but it cannot advise you about your specific case. The best way to learn about your rights is to speak with one of our lawyers. Please call 1-877-905-5161 today to schedule your free consultation.
Junk Fax Violations
The TCPA prohibits advertisers from sending unsolicited faxes which promote the commercial availability or quality of property, goods, or services. Political solicitations are not covered by the law. You may be entitled to recover $500 for each junk fax you receive that violates the TCPA. This total may be increased to $1,500 if the violation was willful or knowing.
In order to help Markoff Leinberger achieve a successful outcome in your case, we recommend that you save the junk fax and keep a log of incoming faxes generated by your fax machine.
Spam Text Messages
Spam texting was outlawed in June 2012. Companies are not allowed to send a text message to you unless you have consented in writing to receive these messages.
If you have received spam texts, you may be entitled to recover $500 for each violation. This total can increase to $1,500 per violation if you can prove that they were willful or knowing.
The term robocall generally refers to any call that is made using an automatic dialer or which uses a prerecorded voice in the introduction. Telemarketing robocalls to both cell phones and landlines are regulated by federal and state law.
According to the TCPA and Federal Communications Commission (FCC) regulations:
- All robocalls to cell phones, including telemarketing and collection calls, are prohibited unless you consent to the calls in writing
- The cell phone customer doesn’t have to be charged for the call for a violation to occur
- Telemarketing robocalls to landlines are prohibited unless you have given express written consent
- You cannot be required to consent to receiving robocalls in order to buy a product or service
- Consumers must be clearly informed that this consent will result in receiving future calls containing pre-recorded messages on behalf of the seller
- All robocalls must contain an interactive opt-out feature; when a caller opts out, their phone number must be added to the caller’s do-not-call list
- Robocalls leaving voicemail messages must include a toll-free opt-out number
- Telemarketers are required to state their names, the name of the business making the call, and phone number or address of the business
- Telemarketing calls can only be made between 8 am and 9 pm local time
- Robocall restrictions for landlines do not cover debt collection calls, calls made by a wireless carrier to their own customers if no charge is made, calls that are political in nature, calls on behalf of non-profit organizations, and informational calls such as for school closings
- Consumers can withdraw their consent to receive robocalls at any time
If you do not want to receive robocalls to your landline, you should place your phone number on the FTC’s National Do Not Call Registry. You can, but do not have to, place your cell phone on the Do No Call Registry. Almost all non-emergency robocalls to cell phones without your express written consent are prohibited by law.
You may be entitled to receive $500 for every robocall violation. This total may be increased to $1,500 for willful violations.
Contact us today
If you have received junk faxes, spam texts, or unwanted telemarketing robocalls, please contact Markoff Leinberger today to schedule your free initial consultation by calling 1-877-905-5161. We serve clients in Chicago, Illinois, throughout the Midwest, and nationwide.