What You Need to Know about the Telephone Consumer Protection Act (TCPA)

Who hasn’t received an annoying telemarketing call at an inconvenient time? Most people simply accept robocalls as a fact of life, but you should know that under the Telephone Consumer Protection Act (TCPA), some of these robocalls may actually be illegal. If you suspect that you may be being harassed illegally by robocalls, contact Markoff Leinberger for a free consultation.

What Is the TCPA?

The Telephone Consumer Protection Act, abbreviated TCPA, codified 47 U.S.C. 227, is an act that places restrictions on the use of autodialers for telemarketers, debt collectors, and advertisers. Its protections cover:

  • Cell phones
  • Landlines
  • Faxes

Under the TCPA, unless you’ve provided express written consent, your cell phone may not be contacted by anyone using an autodialer or prerecorded message. The protections are a bit more lenient for landlines, but under the act it’s illegal for companies to:

  • Call before 8am or after 9pm
  • Call any number registered on the “National Do Not Call Registry”
  • Call a number after the owner of that number has specifically requested not to be called
  • Use an automated voice or recording
  • Decline to provide a valid name, phone number, or address

In addition to cell phone and landline protections, it’s also illegal for anyone to send an unsolicited advertising fax.

What Can You Do About Robocalls?

If you are being contacted illegally by telephone or fax, you have options. You may be entitled to receive up to $500 for each violation of the TCPA, or up to $1500 if you can prove a willful violation of the act. You can also seek an injunction against the caller.

If you think your TCPA rights are being violated, get as much information as you can. Try to find out exactly who is calling, and be sure to keep a record of all the calls you receive. We will review your case carefully to determine whether or not you may be eligible for damages. We have years of experience protecting consumer rights, and we’d love to help you out.

Learn More About Your Rights Under the TCPA

To learn more about the TCPA and whether or not it may apply to you, contact the experienced consumer rights attorneys at Markoff and Leinberger today. Call 1-888-517-9115 to schedule your free consultation.


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