Telephone Consumer Protection Act
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 800-778-2065 or fill out our online contact form for a free consultation.
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What Creates A TCPA Violation?
The Telephone Consumer Protection Act (TCPA) is an important piece of legislation to help protect debtors from creditor harassment, few people know much about the law in this regard or what constitutes a violation of the TCPA.
Talk with an experienced attorney at Kazerouni Law Group, APC, in Costa Mesa, California. Our attorneys have tremendous experience fighting against TCPA violations and other forms of creditor harassment.
If you are experiencing creditor harassment, you need a legal team that knows the law and will fight for you. Our lawyers fight aggressively. We sue debt collectors to protect our clients from harassment.
Examples Of TCPA Violations
The Telephone Consumer Protection Act protects clients against excessive telemarketing calls and collections actions, with strict rules regarding:
- Timing of calls: They are not allowed to call your residence for collections purposes before 7 a.m. or after 9 p.m.
- Do-not-call lists: Collectors and solicitors are not permitted to call you if you are on a company’s do-not-call list or the national do-not-call registry.
- Access: When third-party solicitors call on behalf of a company, they must provide the name and contact information of the company.
- Human contact: They are not allowed to use recorded or artificial voice messages or automated calls (“robocalls”).
These are just a few of the common violations of the TCPA. If you feel your rights have been violated in any way, talk with a lawyer right away to discuss your case. The TCPA allows victims of rights violations under the act to bring lawsuits. Our firm can help you fight back.
Contact Kazerouni Law Group ∙ Free Case Evaluations
Talk with one of our lawyers if you have been harassed by collectors or solicitors. Call 800-400-6808 or email us to schedule a free consultation.