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TCPA

Congress created the Telephone Consumer Protection Act (TCPA) to address the exponential growth of telephone marketing calls. Telemarking calls, automatic telephone dialing systems, and artificial voice messages are all restricted by the Telephone Consumer Protection Act. The FCC and FTC coordinated to create a national Do-Not-Call registry.

If you continue to receive restricted calls after opting out or registering for the Do-Not-Call registry, you may be eligible for financial compensation. Contact Counsel Hound for a no-cost consultation and case evaluation.

Telephone Consumer protection

Revisions and Actions

In 2003, the Federal Communications Commission coordinated with the Federal Trade Commission to create a national Do-Not-Call registry.[1]
In 2012, the TCPA was revised to include the following rules:[2]
  • Telemarketers must obtain prior express written consent from consumers before robocalling.
  • Telemarketers are no longer allowed to use an “established business relationship” to avoid obtaining consent from consumers.
  • Telemarketers are required to provide an “opt-out” mechanism during each robocall.

TCPA Violations

Violations of the Telephone Consumer Protection Act may include:[3]
TCPA Voilations
  • Pre-recorded messages made home phones without consent.
  • Automated calls, pre-recorded messages, and artificial voice messages.
  • Telemarking calls made to consumers listed on the National Do-Not-Call Registry.
  • Failing to include an ‘opt-out’ option for consumers.
  • Failing to identify themselves and the organization they are calling on behalf of.

Compensation

You may be eligible to receive $500 per call if companies fail to comply with the Telephone Consumer Protection Act and the Do-Not-Call national registry.
State Farm recently suffered a class action lawsuit for telemarketing to consumers with an artificial voice messaging system and calling consumers listed on the Do-Not-Call national registry.[4]
If you continue to receive restricted calls after opting out or registering for the Do-Not-Call registry, you may be eligible for financial compensation. Contact Counsel Hound for a no-cost consultation and case evaluation.

REFERENCES

  1. https://www.donotcal l.gov/
  2. https://www.fcc.gov general/telemark eting-and-robocalls
  3. https://www.fcc.gov /sites/default/file s/tcpa-rules.pdf
  4. https://law.justia.com/cases/ federal /appellate-courts/ca11/ 13- 10951/13-10951 -2014-03-28.html

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Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!