When you receive a call from a telemarketer, it can be frustrating. However, when you are repeatedly inundated with spam calls, it can begin to negatively impact your life. As such, familiarizing yourself with your rights as a consumer is critical. One act intended to protect you is the Telephone Consumer Protection Act (TCPA). If your phone is constantly ringing with spam messages, you’ll want to read this blog to learn if your rights are being violated. Additionally, you’ll learn how a Los Angeles California robocall protection lawyer can assist you if facing harassment.
What Is the Telephone Consumer Protection Act?
The Telephone Consumer Protection Act (TCPA) is a set of regulations enacted to help minimize calls from telemarkets. Upon its conception, the main goal was to reduce “robocalls.” These are prerecorded messages sent to consumers, often through an automated dialer system (ADS). Often, consumers were inundated with these prerecorded messages without their consent. As such, the TCPA helps to set regulations surrounding these calls. Over time, this act has been expanded to include text messages and faxes.
What Constitutes a Violation?
Recognizing TCPA violations is critical if you are a consumer. As such, the following behaviors are prohibited from businesses and companies:
- Calls to those not on the registry: There is a national Do-Not-Call Registry for consumers who do not wish to be contacted for telemarketing calls. Businesses, with few exceptions, must subscribe to the list before sending out calls or texts to customers. It’s also important to understand that most non-profit companies are exempt from this.
- Unsolicited calls and texts: It’s important to understand that making a phone call to a potential customer is not prohibited unless they are on the registry. However, making robocalls to consumers who you do not have an existing business relationship with is prohibited. If you plan on using automated phone calls, you must first receive explicit permission from the consumer. This also applies to text messages. A company must obtain explicit permission to add consumers to subscription lists to send texts to their cell phones.
It’s also important to understand that if you ask a company to stop calling you, they must comply within 31 days of your request.
If I’m Being Harassed, What Should I Do?
If you are being harassed by telemarkets with unwanted phone calls even though you are on the DNCR, understanding your rights is critical. You may be able to pursue compensation for each violation you’ve endured. This can be up to $500 per violation of the DNCR and for calls that violate the TCPA, as well as $1,500 in fines for calls that willfully and intentionally violate the TCPA.
When you’re rights as a consumer are violated, it’s important to hold the negligent parties liable for their actions. If you have reason to believe your protections under the TCPA have been violated, it’s in your best interest to connect with an experienced attorney who can help you navigate these complex matters. A Los Angeles Legal Solutions, we understand how frustrating these matters can be, which is why we are ready to help. Reach out to our team today to learn more about these matters.