Telephone Consumer Protection Act (TCPA)
The Federal Government passed into law the Telephone Consumer Protection Act (TCPA) in 1991. Subsequently, the Federal Communications Commission (FCC) issued rules to enforce the TCPA in 1992.
The law restricts telemarketing certain phone calls, text messages, and facsimiles. It also places restrictions on the use of automatic dialing systems and artificial or prerecorded voice messages.
- Prohibition on Automated Calls
- Unless you have given the creditor explicit permission to contact you via a pre-recorded message, automated calls from creditors are prohibited.
- The TCPA serves as a safeguard against unwanted automated calls, protecting consumers’ privacy and ensuring they have control over who contacts them.
- Damages and Recovery
- In case of a violation of the TCPA, the law allows for the recovery of damages.
- The damages can range from $500 to $1,500 per violation, depending on the circumstances.
- This provision is in place to discourage creditors from engaging in automated call practices without proper consent.
- Credit Agreements and Authorizations
- It’s important to note that in some cases, the original creditor may have obtained your consent to contact you through automated calls.
- Such authorization may be mentioned in the credit agreement you entered into, often found in the fine print.
- However, it’s less likely that subsequent debt collectors would have the same level of authorization, especially if they acquired the debt from another party.
- Protecting Your Rights
- If you believe you are receiving automated calls in violation of the TCPA, it is crucial to consult with an experienced attorney who specializes in consumer protection law.
- They can assess your situation, determine if your rights have been violated, and guide you through the legal process of seeking damages.
- By taking legal action, you not only protect your own rights but also contribute to upholding the regulations that govern automated telephone calls and protect consumers at large.
- Prohibit Automated Calls
- Damages & Recovery
- Credit Agreements & Authorizations
- Protecting Your Rights
Protect your privacy and assert your rights against unwanted automated calls – consult our experienced attorneys today to ensure compliance with the Telephone Consumer Protection Act and seek damages for any violations.
Automated Telephone Calls
