Robocalls & Unwanted Texts
The Telephone Consumer Protection Act (TCPA) is a federal law that restricts telemarketing calls to your residential landline and prohibits autodialed robocalls and text messages to your cell phone.
The following practices can violate the TCPA:
- Unsolicited Calls or Texts to Cell Phones. Under the TCPA, companies cannot send text messages or call consumers using automated dialing or pre-recorded messages without prior consent. In instances where consent has been given, the consumer can revoke consent by instructing the company to stop calling or texting.
- Unsolicited Calls to Residential Phone Numbers. The TCPA prohibits pre-recorded calls to residential landlines, unless the consumer has an "established business relationship" with the company placing the call. An established business relationship is presumed if the consumer has transacted with the company within the previous 18 months.
- Calls to Consumers on the Do Not Call Registry. The TCPA prohibits calls to consumers whose telephone numbers are registered on the Federal Trade Commission’s National Do Not Call Registry. Consumers can register both their cell phones and residential lines on this list.
If a business violates these practices, consumers can recover monetary damages for violations of the TCPA, including:
- Up to $500 for each violation of the Do Not Call Registry;
- Up to $500 per phone call that violates the TCPA; and
- Up to $1,500 per phone call if the consumer can show that the TCPA was violated knowingly and willfully.
If you received unwanted calls or texts that fit the above criteria, call 1.800.714.0360 for a free case evaluation.
