Cell Phone Abuse
The Telephone Consumer Protection Act (TCPA) Protects Consumers in the United States From Unwanted Cell Phone Harassment & Text Messages.
If Your TCPA Rights Have Been Violated, You Are Entitled to $500- $1500 Per Call or Text.
- Your cell phone rings as you’re sitting down to dinner or buzzes while you’re in a meeting.
- You’re chatting with a friend when a call waiting beeps in.
- You take the time to answer the phone, only to hear a pre-recorded voice on the line.
- It’s not a call you asked for.
- It’s not a call you want. It’s always an annoyance, but it can also be an expense – particularly if you are charged for airtime.
- Telemarketers, debt collectors, and others routinely use pre-recorded messages and automated dialers, also known as robocalls. After all, having a computer program dial your number and play a recorded message means that these companies don’t have to pay staff to do the dialing and the talking. But this doesn’t mean that you have to endure the hassle of robocalls. In fact, there are laws and regulations that protect you from robocalls.
The Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) was signed into law in order to protect people like you from being inundated with unwanted cell phone calls. The TCPA and Federal Communications Commission regulations outline your rights, as well as the responsibilities of robocallers. Here are quick facts you need to know:
Which Robocalls are Covered?
- Robocalls from almost any company – whether from companies trying to sell you a product or service or from debt collectors trying to contact you – are all prohibited from calling your cell phone without first obtaining your express consent.
- Written Consent is Required. Commercial businesses can only place robocalls to you if you have provided written consent to receive such calls.Keep in mind that “written consent” can be given electronically, so make sure to read the fine print before you submit your contact information on aweb form.
Telemarketers and debt collectors routinely violate the robocall provisions of the Telephone Consumer Protection Act. Thankfully, the TCPA says that you can sue violators in court. If you win, you can receive $500 per call – or triple that if the caller knowingly and willfully violated the law.
If any of these situations apply to you, you may have grounds to have Haines and Krieger sue the robocaller or collection agency:
- The robocaller did not have your consent to call your cell phone
- The robocall did not offer you a mechanism for opting out of future robocalls
- You received a robocall before 8:00 a.m. or after 9:00 p.m. in your time zone
- You opted out of future robocalls, but the company continued to call
- It has been more than 31 days since you registered your phone number with the National Do-Not-Call Registry
Haines and Krieger Can Help
If you suspect that your Telephone Consumer Protection Act (TCPA) rights have been violated, Haines & Krieger may be able to help. We will guide you every step of the way. The TCPA allows you to recover statutory damages of between $500 and $1,500 for violations. You have nothing to lose and everything to gain by contacting Haines & Krieger for a free case evaluation.Contact Us to see if we can help you!