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.
YOUR RIGHTS AS A CONSUMER
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).
YOUR HOMEWORK
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.
YOUR DAMAGES
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.
START HERE
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.