Tired of telemarking calls? You maybe entitled to compensation under the TCPA.

Tired of spam texts, calls, and faxes? In an effort 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 restricts the making of telemarketing calls, automatic telephone dialing systems, and artificial or prerecorded voice messages and applies to faxes, text messages, and pre-recorded calls.  The TCPA can become complicated, but in general, a telemarketer or debt collector violates the law every time they send an automated robo-call, pre-recorded message, or text message to a consumer's cell phone, unless the consumer previously gave the caller permission.  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 call, 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.

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