Telephone Consumer Protection Act

What Is the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act (47 U.S.C. § 227) of 1991 is a federal law restricting telemarketing calls and the use of automated telephone equipment. The primary purpose of the TCPA is to protect consumers from unwanted calls and to ensure that they have control over the calls they receive. Collections’ actions by phone are also regulated under the act. Consumers may file complaints with the Federal Communications Commission (FCC) when TCPA is violated.

The TCPA also provides consumers with the right to revoke their consent to receive telemarketing calls at any time. Businesses must honor these requests and stop making telemarketing calls to consumers who have revoked their consent.

Recent Updates to the Telephone Consumer Protection Act

Modern communications practices and devices required the appropriate federal authorities to modify numerous provisions of the TCPA and other similar laws. Sometimes, these new revisions can be complicated for consumers to understand. The Federal Communications Commission (FCC) released some clarification in 2015 on some of the provisions that were modified up until that time. Here are some important provisions they spell out for consumers:

  • Your local phone service provider can offer robocall blocking.
  • Telemarketers may not use automated dialing to call wireless phones and leave pre-recorded telemarketing messages without consent.
  • Consumers may revoke consent to receive calls or text messages anytime.
  • Callers must cease calling any numbers changed to wired or wireless phones.
  • Some calls or texts to wireless phones are still allowed without prior consent, but only in urgent circumstances. However, consumers must still be allowed opportunities to opt-out.

In addition, beginning July 20, 2023, callers must now limit the number of calls they make to homes to only three calls per consecutive thirty-day period for certain categories of residential calls.

How Do I Know If My Telephone Consumer Protection Act Rights Have Been Violated?

If you have received unsolicited calls, texts, or faxes from telemarketers or debt collectors, your rights under the TCPA may have been violated. TCPA violations may include:

  • Repeated calls from debt collectors or credit application companies
  • Calls made to your cell phone without your express consent
  • Calls made to your home phone number after you have requested that the telemarketer stop
  • Automated calls or texts made without your consent
  • Unwanted calls after you submitted a Do Not Call request
  • Automated calls before 8 a.m. and after 9 p.m.

If you suspect your rights have been violated or a company has overstepped the law, you may seek clarification on the TCPA website or contact a local attorney at Parrish & Goodman, Attorneys at Law.

Can I Sue Over Telephone Consumer Protection Act Violations?

The TCPA allows consumers to sue businesses that violate its provisions and seek damages of up to $500 per violation. In addition, the law allows even higher damages in cases where businesses engage in willful or knowing violations of the TCPA. If you believe your rights under the TCPA have been violated, you may be entitled to compensation. Parrish & Goodman, Attorneys at Law, recommend you consult with one of our qualified attorneys who can evaluate your case and advise you on your legal options.

The TCPA is an important law that protects consumers from unwanted telemarketing calls and ensures that they have control over the calls they receive. If you are receiving unwanted calls from businesses, you can take steps to protect yourself by registering your phone number with the National Do Not Call Registry and reporting any violations of the TCPA to the Federal Trade Commission (FTC).

Contact Us for Help with Telephone Consumer Protection Act Violations

Contact us at Parrish & Goodman for a free case evaluation if these measures are ineffective. We can offer counsel on your rights and options and recommend the next steps.