Know Your Rights

Consumer Protection Laws & TCPA

The Telephone Consumer Protection Act is also known as TCPA.  It was signed into law in 1991 with the intent to protect consumers from automated calls on their cell phones. 

The TCPA makes it unlawful to use an automated dialer, also known as robo-dialing, to a cellular telephone unless the caller has expressed authorization.  This means if you receive pre-recorded sales calls on your cell phone without your permission, you can fight back.  Expressed authorization means the consumer somehow conveyed that the caller is authorized to use that number.  For instance, if the consumer provided their cell phone number to the caller, perhaps in an application for credit to a creditor that is calling (or has their collector calling).

If you are getting pre-recorded sales calls on your cell phone, you should answer the calls, save the caller identification and voicemails, and keep a log.  Find out what they are calling about and get information from them.  Most importantly, contact SmithMarco, P.C.,for a free case review.

If you can prove that a telemarketer "knowingly" or "willfully" violated the TCPA, you sue them and the statute provides that you can receive up to $500 each violation.  It will be well-worth your time to keep answering those annoying calls. 

When you're being bombarded by telemarketing calls, you have rights,  and we're here to help.  SmithMarco, P.C., has over 30 years of combined experience practicing law protecting the rights of consumers around the country. If you feel that you're rights have been violated, please contact us for a free case review.

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