What is the TCPA?

August 14th, 2019 by Hilary

The Telephone Consumer Protection Act (TCPA), or 47 U.S.C. § 227, protects consumers from spam texts and robocalls by restricting how and when telemarketing can take place.  The act specifically addresses auto-dialing, pre-recorded voice messages, and spam text messages to cell phones, faxes, and residential land lines.  

According to the TCPA, solicitors cannot: 

  • Send unsolicited advertising faxes. 
  • Make calls before 8 a.m. or after 9 p.m. 
  • Call customers who ask not to be called or who are on the National Do Not Call Registry. 
  • Call an emergency line, a healthcare facility, or any line at which the receiver will be charged for the call. 

Solicitors must: 

  • Receive written consent before placing robocalls. 
  • Honor the National Do Not Call Registry. 
  • Identify themselves, the person or entity for whom they are calling, and a phone number or address at which that person may be contacted. 
  • Allow recipients to opt out of receiving future automated calls. 

Are you receiving robocalls? 

If you think you are receiving robocalls, here are some tell-tale signs that the call is an illegal robocall: 

  • The voice is automated instead of live. 
  • They are trying to promote the sale of goods and services.  For example, they may say that you’ve been selected for a special offer or have one a valuable prize. 
  • They ask for personal information. 
  • They push the sale of a good or service. 

What to do if you are still receiving robocalls? 

  • Hang up the phone.  Any response may result in more robocalls. 
  • Contact your phone provider to see if you can block the number.  Even if the phone number is blocked, robocallers are easily able to change Caller ID information. 
  • Save all voice messages. 
  • Make a written record of the calls that you are receiving and save your phone records. 
  • Contact the Consumer Law Firm of Francis & Mailman, P.C. for a free case review.  You could collect between $500 and $1,500 for every call or text you receive. 

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