Telephone Consumer Protection Act (TCPA)

Many people opt not to answer phone calls from numbers they do not recognize. This is largely to avoid possibly having to deal with telephone solicitors, telemarketers, or automatic dialing systems commonly referred to as "robocalls."

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to place various restrictions on telemarketers and the use of robocalls. In the day and age of cell phones, there are now growing needs for additional TCPA protections as people find themselves bombarded by spam text messages and prerecorded calls from debt collectors.

St. Charles County Telephone Consumer Protection Act Lawyer

Statutory penalties for violations of the TCPA are $500 per negligent violation and up to $1,500 per willful, knowing, or purposeful violation. Pontello & Bressler, LLC helps victims of telemarketing or solicitor harassment hold TCPA violators accountable.

The TCPA makes the following requirements of solicitors:

  • Must honor the National Do Not Call Registry
  • Must maintain a list of individuals who asked not to be called; and must honor such request for five years.
  • Must provide their names, the names of the people or entities the call is being made on behalf of, and contact information for such people or entities

Additionally, telemarketers and solicitors are prohibited under the TCPA from the following actions:

  • Calling residents before 8 a.m. or after 9 p.m.
  • Solicitations to residents or cell phones using artificial voices or recordings
  • Calls to cell phones through automated telephone equipment or an artificial or prerecorded voice
  • Autodialed calls engaging two or more lines of a multi-line business.
  • Unsolicited facsimile advertisements, or "junk faxes"

Changes in technology as well as in the regulations of the Federal Communications Commission have led to increasing confusion about interpretations of the TCPA. However, many more people are filing TCPA claims, and class action lawsuits have become an increasingly common form of legal action for large groups of people who were similarly harassed by the same entities.

Legal Assistance for Victims of Telemarketer Harassment

If you have received telemarketing calls at odd hours, robocalls to your cell phone, or calls to your home from artificial voices, you should speak to a knowledgeable consumer protection attorney as soon as possible. Pontello & Bressler, LLC helps the victims of debt collection and telephone harassment, and our firm can investigate your case to hold any TCPA violators accountable.

We can not only end the constant phone calls from debt collectors or telemarketers, but our firm may also be able to help you obtain compensation. Contact Pontello & Bressler, LLC to discuss your case during a free, no obligation consultation.