Telephone Consumer Protection Act – Know Your Rights

Telemarketers are a nuisance to many, with phone calls—which are often automated—coming frequently throughout the week and even throughout the day. Fortunately, much has been done over the past several years to limit the number of such calls. Originally passed in 1991, the Telephone Consumer Protection Act, or TCPA, was a good first step towards reducing the impact of telemarketers as a nuisance. In 2012, Congress revised the TCPA with its purpose being to limit the number of phone calls that are made to consumers across the States.

The part of the TCPA that was most heavily revised was that relating to automated phone calls, or robocalls. The revisions to the TCPA make it so that the consumer would need to provide consent for the robocalls (or prerecorded phone calls), and to make it easier for consumers to opt-out of these same phone calls. In addition, there needs to have been an existing professional relationship between the consumer and the telemarketing company in order for these types of phone calls to be legal. In the state of California, there is also a legal timeframe during which these phone calls must be made.

In the state of California, consumers are allowed to sue telemarketing companies; if a consumer gets an injunction against the company and the calls persist, the consumer can receive financial compensation from the company. Consumers may also seek compensation for the violation of the TCPA; if the consumer can provide evidence that a telemarketer was in violation of the TCPA, they could make $500 for each phone call that was in violation, and up to $1500 per phone call if it can be proved that those calls were made intentionally in violation of the TCPA.

The issue of telemarketing isn’t just a nuisance issue, but a privacy issue. If you have been bothered by telemarketers for any reason and especially if they are trying to collect money from you, contact our offices today. Our attorneys have years of experience working with these types of issues and would be happy to help you battle against collection calls and other telemarketing nuisances. At SM Law Group, we can defend your rights as a citizen and can ensure that you get the compensation that you deserve.