person on phone

If you’re like most people, your phone is like your lifeline. Not only does it help keep you connected to the world around you, but it also holds your financial cards, medical information, recipes, photo albums, and transportation access! As such, being inundated with phone calls is not only frustrating, but it can interfere with your life. Luckily, if you’re the victim of unwanted telemarketing calls, you may be able to pursue legal action under the TCPA. The following blog explores this act in further detail and explores why connecting with a San Diego consumer lawyer is in your best interest.

What Is the TCPA?

The Telephone Consumer Protection Act (TCPA) was enacted in the 1990s to mitigate unwanted and deceptive phone calls. Over time, as technology has changed, the laws have been expanded to include text messages and other forms of communication.

Essentially, this act was started to make the use of automatic dialers from placing prerecorded phone calls to consumers without their consent.

What Are Common Violations?

There are generally three kinds of violations that you may be subject to. This includes:

  • Unsolicited calls and text messages: A business cannot simply mass text numbers for promotional reasons. As such, a company must obtain your explicit written consent before adding your information to a list for text and phone call communications.
  • Calls to the National Do Not Call Registry: Many consumers who do not wish to receive telemarketer or other similar calls will sign up for the National Do Not Call Registry, which is a database of consumers who have included their information so as not to be contacted by telemarketers. Only certain entities, like non-profits and for-profit companies that have qualified for an exemption, may contact consumers on this list.
  • Unsolicited calls and texts using ADS: Using artificial technology to automatically contact consumers at their residential numbers for marketing constitutes a TCPA violation.

What Should I Do if I’m Subjected to These Violations?

If you are a victim of repeated and harassing calls from telemarketers that violate your rights under the TCPA you are likely qualified to file a lawsuit against the telemarketer for such violations. If you are called despite being on the Do Not Call registry, you’ll find that you can receive up to $500 per violation, while other violations can also warrant up to $500. Similarly, if you can show the TCPA was willfully and intentionally violated, you may be able to recover up to $1,500 per violation.

If you believe your rights as a consumer were violated, connecting with an experienced consumer attorney can help you in these matters. As such, Barthel Legal is here to assist. We understand how frustrating it can be to experience violations of your rights, which is why we are dedicated to fighting for you in these matters. Contact us today to learn how we can help.