For many consumers, receiving promotional calls and text messages every once in a while is expected. However, when you’re being harassed by telemarketers, it’s important to understand what your legal options are. Unfortunately, many are unfamiliar with their rights as protected by the Telephone Consumer Protection Act (TCPA), so they aren’t aware that their rights may be violated. If you have been receiving countless unwanted and harassing phone calls, it’s in your best interest to connect with an experienced Arroyo Grande consumer lawyer who can assist you during these complicated matters to help you seek relief from the influx of calls you’re experiencing.
What Is the TCPA?
The Telephone Consumer Protection Act was established in the late 1990s to help protect consumers from being inundated with spam and robot calls. Essentially, companies were using automatic dialer systems to continually place calls to consumers using automated, pre-recorded voice messages. Because there was no human on the line, there was virtually no way to cease the calls. As a result of consumer outrage, the government enacted the TCPA to combat these problems. Eventually, this law was expanded to include test messages and fax machines.
What Warrants a Violation of this Act?
Understanding what kind of violations you may experience as a consumer is critical to ensuring you recover the compensation you deserve. Generally, any time you receive a robocall from a business you do not have a pre-established relationship with, it can warrant a violation of your rights. The only time you can be contacted via robocall is if you have explicitly consented to receive these phone calls.
Another violation is receiving unsolicited calls despite being on the National Do Not Call Registry. Generally, companies can reach out to potential customers so long as there is a real person on the other end of the line and the customer is not on the DNCR. This is a registry that consumers can opt into, which will put their phone number on a database that companies who use phone marketing must subscribe to. This ensures they do not contact those who do not wish to receive messages.
What Should I Do if My Rights Are Infringed Upon?
As mentioned, it’s important to understand that if your rights are violated you can seek compensation for these breaches. Typically, you’ll find that violations of the TCPA and calls placed to those on the registry can warrant up to $500 per incident. However, if you can prove that this violation was willful and intentional, you may be entitled to recover up to $1,500.
Unfortunately, you may find that recovering compensation on your own can be difficult. As such, it’s in your best interest to connect with an experienced consumer attorney who can help you fight for the compensation you deserve when your rights are violated. When you need help, Loker Law, APC is here to assist you. We understand how complicated these matters can be, which is why we will fight for your rights during these times. Connect with us today to learn more.
