You Have Rights As A Consumer Under The TCPA

People in debt experiencing harassment from creditors often feel like that have no options, like there is no one who can protect them from overly aggressive creditors and their agents.

At Kazerouni Law Group, our attorneys are here to help. We represent clients throughout California from our Costa Mesa office, and we take cases for clients in other states throughout the country.

What is the Telephone Collections Protection Act?

The TCPA is the Telephone Consumer Protection Act, which was passed into law in 1991. The Federal Communications Commission (FCC) issued rules and regulations implementing the TCPA which then went into effect on December 20, 1992. A number of court challenges to parts of the TCPA have been brought. All failed.

The TCPA was a merging of two bills in Congress, and it deals with several distinct issues:

• Use of automated dialing equipment and prerecorded messages.
• Telemarketing calls using "live" callers
• Facsimile (fax) transmissions.

In general, telemarketing calls, unsolicited faxes, prerecorded calls and autodialed calls to cellphones are violations of the TCPA, and the people receiving these communications can bring suit in local state court (including in small claims court). The statute provides remedies that include statutory damages, generally from $500 to $1500 for each violation, which are paid to the consumer.

How do I know if I have a case?

Though the statute is a little more complex, if you follow the following guideline, you will have an indication of whether you have a case. If you are unsure or believe you have a case, call us toll free at 866-855-6173 or fill out our online contact form for a free consultation.