Addressing Telephone Consumer Protection Act (TCPA) Violations
In 1991, the Telephone Consumer Protection Act (TCPA) was enacted in an effort to regulate telemarketers who disturb consumers with telephone solicitations and robocalls or automated messages. Enforced by the Federal Communications Commission, the TCPA is meant to protect the rights of consumers from annoying telemarketing practices unless the consumer has "prior express consent."Download our Consumer Protection Act with Call Log
View Our Video On How You Can Turn Harassing Calls Into Money In Your Pocket
- Did you know…Sending unsolicited text messages is harassment? That’s right - debt collectors aren’t allowed to send you text messages intending to trick you or harass you. This includes messages that deceive you into calling them back. In 2015, the Federal Trade Commission discovered and halted three debt collection schemes that were doing just that – evoking phone calls from debtors through deceitful texts. Today, victims of debt collector harassment are still protected by the FTC’s rules. Sometimes, illegal texts from debt collectors include some kind “hook,” such as a fake payment confirmation or falsified message about a declined payment, along with a phone number. If you receive even one message like this from a debt collector, you’re being harassed and should speak with a lawyer.
- Did you know…Victims of harassment may be entitled to $1,500? If debt collectors don’t have permission to call you or they call you in any way that violates FTC guidelines, you may be entitled to $1,500 in compensation. Annoying phone calls are more than an inconvenience, they’re harassment; and harassment isn’t something consumers have to endure, whether or not they’re in debt. Depending on the specifics of your case, you may be able to pursue up to $1,500 for every phone call you receive after you tell the collector they don’t have permission to call you.
- Did you know…Telemarketers are not allowed you call you before 8:00 a.m. or after 9:00 p.m.? Telemarketers are held to a high standard of consumer protection. Generally speaking, telemarketing (sometimes called “insider sales”) is any attempt to solicit potential customers via phone calls. While telemarketing itself is not illegal, the standard of acceptable conduct for telemarketers is strict. If a telemarketer contacts you after 9:00 p.m., for example, you may have a case for harassment. That’s because telemarketers are not permitted to call you after 9:00 p.m. or before 8:00 a.m. If you’ve received these kinds of calls outside of the appropriate calling time, speak with an attorney about your legal rights and options.
What kinds of telephone calls are regulated by the TCPA?
The TCPA regulates the phone calls telemarketers, debt collectors, and other solicitors make to cell phones and residential phone lines. If you have been subjected to the nuisance of telemarketers and automated messages at unlawful times or are on the "Do-Not-Call" list, we can help you seek damages.
By taking legal action, you may be entitled up to $1,500 if you are able to prove that telemarketers willfully or knowingly violated the TCPA. Individual phone call violations of the TCPA - and those involving the "Do-Not-Call" registry - can result in up to $500 in damages. As our client, you can rest assured in knowing that we will do everything in our power to help secure maximum damages for you.
Our Chicago Consumer Attorneys can uphold your rights!
Our legal team has the litigation skills and resources to tackle even the most challenging TCPA matters. We possess extensive legal insight regarding this area of the law, including significant TCPA cases, such as Destination Ventures Ltd. vs. FCC.
In 2014, Capital One made headlines when agreeing to a $75.5 million class settlement for allegedly calling customers cell phones without consent through an automated dialing system. We are ready to launch a thorough investigation in order to prove that your rights were violated under the TCPA.
Please do not hesitate to contact us for more information about how we can help you with your TCPA case.