Tired of spam texts, calls, and faxes? To protect the public from the growing number of marketing calls, Congress enacted the Telephone Consumer Protection Act, also known as the TCPA.   The TCPA makes telemarking calls to your cell phone illegal if:

  • You did not give consent to the call and either of the following is true:
  • The call was made using an automated or pre-recorded message; or
  • The was made using any type of automated dialing system.

Automated telemarking text messages are illegal if:

  • If you did not give prior consent.

Telemarking to your land line is illegal if:

  • The call was made using a pre-recorded message or artificial voice; and
  • You did not give prior consent to the call.

The act can also apply to faxes as well.  No telemarking calls are to be made before 8:00 a.m. or after 9 p.m.  In cases where consent has been previously given, the consumer can revoke that consent by notifying the offender to stop calling the cell phone.

Violations of the TCPA entitle a consumer to between $500 -$1,500 depending the severity of the violation.  If you are being harassed by telemarketers, take the following actions (if applicable):

  • Save all voicemails
  • Keep any junk faxes
  • Screenshot any text messages
  • Make a written record of the caller’s identity/business and what was communicated
  • If you have revoked consent to receive calls, keep a copy of the letter in which you revoked consent
  • Obtain your phone records to demonstrate the times/days you received calls from telemarketers  

Contact Matthew Marsalka, Esq. if you would like to discuss your case and believe you are entitled to compensation under the TCPA.

DISCLAIMER: This site and any information contained herein are intended as ADVERTISING MATERIAL and should not be construed as legal advice.

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