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What is The Telephone Consumer Protection Act (TCPA)

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Office: (470) 353-8870

Have you ever answered an unfamiliar, unknown, or restricted number on your cellphone only to find that it’s ANOTHER shady solicitation call, debt collection call or even worse a call for someone you don’t even know? Unsolicited robocalls are a big problem for a lot of reasons. Not only are they generally intrusive and overbearing in nature – sometimes the companies calling you are actually breaking the law because they don’t have prior authorization to make robocalls to your cellphone.

Thanks to the Telephone Consumer Protection Act (TCPA), the use of artificial or prerecorded voice messages, automatic dialing systems, and SMS text messages received by cell phones, including the use of fax machines to make unauthorized contact with consumers is limited. The Act also contains further detailed technical requirements and permissions for the use of fax machines, auto-dialers, and voice messaging systems. The statute of limitations for TCPA claims is four years.

Additionally, regulations state these types of calls are not to be made before 8 a.m. or after 9 p.m., that the caller must identify the seller, AND that the call is for the purpose of solicitation, charitable solicitation, or debt collection (Targeted Robo Calls). This information should be provided to the consumer without delay. Furthermore, the caller must provide full disclosure of the product, service, or nature of their representation.

You should be aware the Federal Trade Commission’s (FTC) Telemarketing Sales Rule (TSR)puts consumers in charge of the number of telemarketing calls they get on their cellphones. The National Do Not Call Registry was implemented under the TSR, making it easier to consumers to limit the number of calls they get.

A consumer law agency can help you recover up to $500 per violation of the Do-Not-Call registry, up to $500 per phone call violating the TCPA, and up to $1500 per phone call willfully and knowingly violating the TCPA.

If you feel you may be receiving calls that violate the regulations put in place by the TCPA, let your complaints be known and contact The Prado Law firm immediately. As a reputable consumer law firm we offer free case evaluations, and there’s no obligation.

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