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TCPA Violations
If you have been receiving robocalls, debt collection calls, or telemarketing calls even after enrolling your number in the Do Not Call Registry, we encourage you to reach out to us to explore potential compensation for infringements on your rights.
What is the TCPA?
The Telephone Consumer Protection Act of 1991 (TCPA), under the supervision of the Federal Communications Commission (FCC), serves as the primary legislation in the United States that governs telemarketing practices. This law places restrictions on automated dialers, prerecorded voice messages, cell phone text messages, and fax machines.
Although the TCPA was not initially designed specifically for debt collection, it has started to impact debt collectors more due to its limitations on communication technologies. Furthermore, regulatory measures and court rulings have led to a notable increase in TCPA litigation, resulting in collection agencies frequently having to defend themselves against accusations of violating consumer rights.
What are Common TCPA Violations?
TCPA violations reflect the ever-changing landscape of telemarketing and debt collection practices. Familiarizing oneself with these common violations can empower consumers to recognize when their rights are being violated.
Below are several typical TCPA violations that occur:
Unauthorized Robocalls and Text Messages: One of the most prevalent violations involves the utilization of automated dialing systems, or robocalls, to transmit prerecorded messages or texts without obtaining the recipient's prior consent. This encompasses both marketing communications and, in certain instances, debt collection efforts.
Calling Numbers on the Do-Not-Call Registry: Telemarketers who disregard the TCPA often contact individuals whose numbers are registered on the National Do Not Call Registry. This registry was established to grant individuals the choice of receiving telemarketing calls, and disregarding it constitutes a direct violation of the TCPA.
Exceeding Call Frequency Limits: The TCPA imposes restrictions on how frequently a company can contact an individual within a specific timeframe. Repeated calls that surpass these limits constitute a violation, often causing significant annoyance and disruption for the recipient.
Failing to Provide Opt-Out Mechanisms: It is mandatory for telemarketers and debt collectors to offer clear and easily accessible methods for individuals to opt out of future communications. Neglecting to include such mechanisms in calls or messages is a violation of the TCPA.
Inappropriate Call Timing: Placing calls outside of approved hours (typically before 8 a.m. or after 9 p.m. in the recipient's time zone) violates the TCPA. Such calls not only intrude upon individuals' privacy but also demonstrate a lack of consideration for their convenience.
Use of Pretexting or Misleading Information: Certain telemarketers and debt collectors employ deceptive tactics, such as pretexting (making calls under false pretenses) or providing misleading information. These actions are not only unethical but also contravene TCPA regulations.
The repercussions of such breaches can have a substantial impact, particularly when paired with consumer protection regulations. Those who suspect they have fallen prey to such violations or other TCPA infractions should contemplate filing a report on TCPA violations and consulting with us to comprehend their entitlements and possible solutions.