TCPA - PROHIBITED ACTS
Violations of the Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991 in an attempt to protect consumers from aggressive telemarketers and debt collectors. The TCPA sets allowable guidelines for the use of auto-dialers and predictive dialers, artificial and prerecorded messages (sometimes called “robo-calls”), unsolicited faxes, and text messages.
If you have not given a person or company express permission to call your cell phone, most calls to a cell phone from a telemarketer or debt collector are made in violation of the TCPA and you, as a consumer, may be eligible to collect between $500.00 and $1,500.00 per call. Usually the telemarketer or debt collector will make numerous calls to the cell phone which can, when multiplied by $500.00 to $1,500.00 per call, will amount to a potentially significant recovery for you.
Other violations of the TCPA which may entitle you to damages are your receipt of an unsolicited fax or you receiving text (SMS) messages on your cellular phone. The potential damages for faxes and test massages are the same as phone calls, $500.00 to $1,500.00 per fax or text message.
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