The Telephone Consumer Protection Act (TCPA) of 1991 safeguards the interests of customers through regulating the use of automatic dialing systems, including recorded or artificial voice messages and SMS texts messages.
However, as any lawyer who has handled a good number of TCPA cases would tell you, this has not stopped the harassment caused by such messages. Consumers continue to face annoyance in terms of unsolicited messages through the use of automatic callers.
What constitutes a violation of the TCPA?
Given below is a quick list of rules established by the TCPA and Federal Communications Commission (FCC), the body that regulates interstate communication across radio, satellite, wire, cable, etc. within the US. Note that each of these is applicable wherever express consent to call or contact is not given.
- Calling residences between 9 p.m. and 8 a.m., local time is prohibited
- Calling residences using an artificial recording is prohibited
- Calling consumers who are on a Do-Not-Call list or National Do Not Call Registry is prohibited
- Solicitors making the calls need to provide their name and the name of the entity on whose behalf they are making the call, together with their telephone number or address
These are just some of the restrictions. More information on the TCPA .
Okay, so what can be done next?
A good way to deal with TCPA violations is to educate yourself on your rights through a lawyer or a legal professional, ideally. Consumers can seek legal help to stop harassment stemming from unsolicited and unwanted communication. An attorney who has handled TCPA violations is best informed on how to manage a violation such that the aggrieved consumer is adequately compensated.
If you or someone you know is facing harassment through unsolicited communication, you are well within your rights to turn to a lawyer who can help you navigate legal communication, especially related to TCPA. Because TCPA violations deal with communication, you need a lawyer who understands how an unsolicited message can cause problems to you. This means he or she should understand your concerns while also maintaining an understanding of trends and the latest decisions regarding the law.
Here are a few things to consider when searching for one:
- The professional you contact should have some body of work to indicate they are aware of what constitutes TCPA violations.
- This awareness would also translate into how best these violations can be tackled.
- Consent or express consent is a major part of the TCPA practices. A lawyer needs to understand the different levels of consumer consent, to be able to defend you better.
- Definitions of consent could differ between what is explicitly mentioned in TCPA and what is mentioned in FCC documentation. Your TCPA attorney will most likely be better aware of this difference than a non-TCPA attorney.
- Compensation for violations and willful violations are clearly mentioned in the TCPA. An attorney with sound understanding and practice can help a consumer get the right compensation, beginning with filing the right case, for example class action.
- The TCPA has seen a high volume of litigation due to confusion in what constitutes a violation and what doesn’t fall under the purview of restrictions. Your attorney will need to have a basic awareness of these to ensure your case gets justice.
These are just a few of the characteristics you will need to search for in a lawyer, if you need to fight a case related to the TCPA. Ideally, conduct some research on who can serve your interests best before you finalize hiring an attorney .
Legal Rights Advocates, PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors in any form, including telephone communication. Our team of attorneys over the years has helped countless clients get protections from debt collection practices that are deemed as unlawful and illegal under the FDCPA and TCPA laws.
If you are interested in learning more about how to safeguard yourself better from TCPA liabilities, call us at (855) 254-7841 for immediate assistance.