We fight for consumers harassed by telemarketers, text spam, junk-faxes, and robo-dialing without their consent under the Telephone Consumer Protection Act.
The TCPA is a federal consumer rights law. It Under the Telephone Consumer Protection Act, it is illegal for a company to send text messages to or robo-dial your cell phone unless you gave consent to receive the message or the message was sent for emergency reasons. This applies even if you haven’t registered on the Do-Not-Call list. marketers may not send you junk-faxes without your having a prior business relationship with them requesting they do. You could be awarded up to $1,500 for each violation.
Consent can simply be you putting your cell phone number down when you do business with some company or sign an agreement (often found in the “privacy policy” on a website or in a contract). That is enough for consent. Another element that makes up a violation is that the company has to have used an auto-dialer or robo-dialer You may not be able to tell whether they are using an auto-dialer or robo-dialer. However, one clue is a short delay before the person on the phone begins to speak.
The TCPA forbids:
Calling your cell phone number without your consent using an an automated system, robodialer or pre-recorded message
Sending you unwanted texts. See Is it Illegal To Text Your cell Phone?
Calling your landline to market a product or service, without your written consent
Companies may not use any automated system or pre-recorded message to contact you via your cell phone without your consent. Any call they make must provide you with the option of refusing to receive more marketing calls. You have a number of measures at your disposal to stop the calls.
If you believe you are receiving calls made with automated system, robo-dialer or pre-recorded messages, call us at Patric Lester and Associates to find out how we can help you stop the calls.
A growing number of companies are sending out unsolicited text messages — text spam — as a marketing tool. Text messaging is covered by the TCPA, just like Robo-dialing, so the same rules apply. If you are receiving these messages, you should save them in your phone as evidence of the violation. You may receive from $500, up to $1,500 per text if the company is found to be in violation of the law. Call us to discuss whether you have a claim, we can help you file a complaint.
Few businesses still utilize faxes as a way of communication in the Internet age. Nevertheless, the TCPA covers the use of fax machines in marketing. However, if you have an established business relationship with the company, they are allowed to send unsolicited information via fax.