Passed in 1991 and amended in 2010 by Congress, the Telephone Consumer Protection Act ("TCPA") is an act establishing laws to limit what telemarketers and other businesses, including debt collectors, can do over the telephone and similar methods to collect a debt. Notably, the TCPA prohibits debt collectors from using “robocalls” to collect a debt. A robocall is an automated dialing system with an artificial or prerecorded message. If you have received any telephone call where a person was not on the other end, that is a robocall.
In addition to prohibiting robocalls, the TCPA also restricts calls to cell phones, pagers, or to any service where the recipient is charged for the telephone call. This includes text messages and faxes. The TCPA also prohibits calls to some landlines, such as emergency numbers to or to help care facilities.
Make sure that you understand your rights when a business does contact you. If it is through the cell phone, it is cell phone abuse. It does not matter if it is an unsolicited text or call, they cannot contact you through a cell phone. They also cannot robo call you by using an auto-dialer, which sends an automated message to random numbers. Businesses also cannot send an unsolicited fax that contains advertisements. Whether you are contacted personally or through your business, your rights are violated if they are doing something that goes against the act.
When you feel that a business is violating your rights, make sure that you contact a law firm. Getting in touch with someone immediately will give you the opportunity to protect your rights as soon as you can. Do not allow a business to continue to harass you in any way, regardless of how they are doing it. Any unwanted text, call, or fax is in violation of your rights, and no business should be allowed to break the law. With the Telephone Consumer Protection Act, you are in the right here.
If debt collectors attempt to collect a debt from you using any of the above-mentioned prohibited methods, they are violating the TCPA and your rights. The TCPA affords monetary compensation to the victim of these violations, including $500 for each illegal solicitation made. If the victim can establish that the caller was willfully or knowingly violating the TCPA, you may be entitled to triple damages of up to $1,500 per illegal solicitation.
Do not fear the process or fear any business. When they are sending you an unsolicited text, call, or fax, they are at fault here. There is no reason for you to continue being harassed when they are breaking the law by doing so. This is a serious crime that they should be held accountable for, which, in this case, means paying a large amount of money per call or violation, or paying back what you are owed from losses that occurred from their actions. Calling for legal assistance immediately will set you up for taking the business to court. You will have the chance to build a stronger case, avoiding future harassment while earning money that you are owed.
Contact us today for a free case review to see if you qualify for relief under the TCPA. You may contact Krohn & Moss, Ltd. Consumer Law Center® by calling our toll free telephone number (1-800-875-3666), emailing us at queries@consumerlawcenter.com or by completing our Free Case Review Form. We will attempt to quickly resolve your claim and won’t take a fee unless we get you a recovery.
