Telephone Consumer Protection Act
If you have received unwanted calls or text messages from a company using any automated dialing system or prerecorded voice message, you may have a right to file a lawsuit. Please contact us using the form on this page or call us at 424-245-5505.
Background
The Telephone Consumer Protection Act (TCPA) prohibits any person from making phone calls using an automatic telephone dialing system (ATDS) or prerecorded voice messages (robocalls) to people without their consent. This includes automated calls to emergency telephone lines, health care facilities, paging services, personal home and cell telephones. Text messages to cell phones using autodialers and prerecorded messages are also prohibited.
The TCPA also protects people by making it illegal to call residential telephone numbers without the recipient’s consent. Additionally, residential subscribers are protected from being charged for giving or revoking their consent.
A person has a right of action in court if a violation of this Act occurred and actual loss of money can be established. This includes any person who has received unwanted automated calls to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio carrier service more than one telephone call within any 12-month period by or on behalf of the same organization in violation of the regulations.
Pre-recorded voice systems
Pre-recorded voice systems are used to transmit any prerecorded voice message via telephone. TCPA Standards require that they include: 1) an identification of the caller at the beginning of the message, 2) it must clearly state the telephone number or address of the caller, and 3) the system must automatically release the called party’s line within 5 seconds of the time notification.
Database
The law requires the establishment of a single national database of telephone numbers of people who do not want to receive telephone solicitations. This is called the National Do Not Call Registry. If a state creates telephone solicitation laws that use a similar do-not-call list, it has to include the numbers on the National Do Not Call Registry too.
These databases are used as a central holding point for people that do not want to be called by solicitors. Once a name has been added to the database, no additional calls will be made to that number from solicitors.
Potential Class Action
The average person doesn’t like receiving unwanted phone calls from solicitors. If a solicitor makes a call to numbers on a do not call registry, or to homes or cell phones using machines or prerecorded messages, then it’s a violation of federal law. These calls go from being merely annoying to a punishable offense. The good news is that you have legal options.
If you have received unwanted calls or text messages from solicitors using an automatic phone dialing system, or have received calls to your residence that you did not consent to, then your rights may have been infringed. For more information please contact us using the form on this page or call us at 424-245-5505. You may be part of a class action lawsuit.
