TCPA – What is it?
TCPA refers to a federal law called the Telephone Consumer Protection Act. This law’s goal was to cut down on the amount of intrusive, unsolicited sales calls people are subjected to. TCPA set down regulations about how companies can use automatic telephone dialing systems or pre-recorded messages (“robocalls”) to reach potential customers. A dialing system that does not require a human to make calls can be considered an automatic telephone dialing system, within certain parameters. The Telephone Consumer Protection Act regulates not only who businesses are allowed to call, but also when they can call. For example, they can’t call before 8 a.m. or after 9 p.m. in the resident’s time zone.
How do I avoid getting robocalls?
The Do Not Call Registry was created in 2003 for anyone who does not wish to receive unsolicited telemarketing or sales calls. To join this list, all you have to do is go to the National Do Not Call Registry website at www.donotcall.gov . Once you have added your phone number to this registry, companies cannot make sales calls to you unless they have your written consent to do so or you have an established business relationship with them (for example, if you are already their customer or recently have been). Companies are required to check this list every month and remove anyone on the DNC from their sales call list.
What are my rights or recourses regarding robocalls?
Consent must have been given by you in signed, written form in order for a company to lawfully be allowed to use automatic telephone dialing systems or robocalls to call you. This consent must not have been coerced as a requirement to purchase something. For example, when you purchase a car you don’t have to consent to receive sales calls about satellite radio in order to buy the car. If at any time you express to the company that you no longer wish to receive calls, then they have no permissions under the TCPA to contact you again.
Some other things to know
Many states have their own laws regulating how you may be contacted by a business, and those will apply to your situation as well. Sometimes, the states’ laws can be even more restrictive than the TCPA. The allowed time frame in which a company can call you may be shorter, the number of times they can attempt to call you fewer, and they may allow for more financial compensation for each violation. For example, if you live in Florida, the new state law CS/CB 1120 that regulates telemarketing is even more stringent than the older TCPA.
RECENT LAWSUITS INVOKING TCPA
Some companies that have recently been sued for violating the TCPA include Bank of America, HSBC, Uber, Wells Fargo, DirecTV, Sirius Satellite Radio, and many more.
How Do I Qualify to Be a Plaintiff?
If you have had any company use robocalls to call you repeatedly without your consent, let us know! Even if a class action does not currently exist against the company that is calling you, if they are violating TCPA and/or their state regulating act in their practices with you, they are probably doing it to others as well. Companies should respect the regulations that have been put in place to protect a person’s right to not be harassed in their home or at work.
Our team of experienced investigators at Siri & Glimstad is waiting to evaluate your claims and find out if other people have been the victims of the same transgressions.
Contact us today! We would love to hear from you at newintakes@sirillp.com.