The Telephone Consumer Protection Act (TCPA) is a federal law that protects all individuals from unsolicited telephone calls and texts. In short, it regulates all telephone solicitations. Therefore, any person, business, or entity that conducts telephone solicitations should comply with the TCPA. The TCPA covers voice calls, faces, VoIP calls, and text messages. It allows an individual to recover $500 to $1500 per call or text made in violation of the statute.

The TCPA contains a number of different provisioins, and in order to avoid commiting TCPA violations, the caller must comply with all of them. Go to "what type of calls or texts are illegal" for more information.

A licensed attorney from our office must file a complaint against the person or entity calling or texting you. Since the TCPA is a "strict liability" statute this means that you do not have to show that you were somehow harmed by the calls or texts, but rather simply, you must show that you received the calls or texts.

For calls or texts from a caller in violation of the TCPA your damages are based on a range. If the calls or texts were made negligently ($500 per call or text), and if the calls were made willfully or knowingly ($1500 per call or text). As you will see these damages can add up and penalize the wrongful caller.

Broadly speaking, the below are violations of the TCPA, but every case is different, and this should not be accepted as legal advice:

1. Callers cannot contact residential consumers between 9:00 PM and 8:00 AM (recipient’s time zone).

2. The TCPA restricts autodialed marketing calls and texts to cell phones and other devices where the recipient might be charged for the call without prior express written consent, and non-marketing autodialed calls without prior express consent.

3. The TCPA does not allow the use of an artificial or prerecorded voice to be used to call a residential landline or wireless number for marketing purposes without prior express written consent.

4. Callers are required to maintain an internal DNC list of consumers who asked not to be called or texted.

5. The TCPA requires the caller to provide their name, the name of the company on whose behalf they are calling, and a telephone number or address which can be used to contact them again.

6. Marketers are required to suppress phone numbers on the National Do Not Call Registry. Remember that some states have their own local DNC lists as well, separate from the federal list.

If you give consent, then you are unlikely to have a claim.

For telemarketing calls, consent is when you provide the caller with written permission to contact you by voice call or text (such as by clicking on a box when signing up for a site authorizing prerecorded or autodialed telemarketing calls/texts) then you have given that caller consent to contact you.

For all other calls, you must provide the caller with "express" consent. Courts have found that you provide express consent when you share your phone number with a company.

Free! Put simply there is a no fee guarantee. The filing attorney will only get paid if your case wins, and then will take a percentage of what you recover, and the attorneys costs. However, if you recover nothing, you will pay nothing.

Click on the home page, and click on "Do I have a case?" Complete the questionnaire, and then enter your contact information so that a legal advisor from our office can reach out to you in order to discuss your claim. All of your information will remain confidential and not shared with anyone.

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