The TCPA – Telephone Consumer Protection Act, is a federal statute signed into law in 1991 by President George H. W. Bush after being passed by the United States Congress. It was enacted to restrict telephone solicitations in the form of telemarketing as well as the use of automated telephone devices.
It also limits prerecorded messaging and SMS text messages along with auto-dialing systems and requires contact information and identification from those using the device to include that information within the message sent.
How do you know that the call is an automated robocall? If you are receiving multiple calls or voicemails from the same number, this usually indicates that it is a robocall. When you answer the call you will hear a prerecorded message or computerized voice. Also, you may not hear anyone speak at all. These are signs of a robocall.
The TCPA Requirements and Restrictions Listed
Here are the current TCPA requirements and as well as restrictions on outbound telephone contact.
- Do not call anyone listed on the National Do Not Call registry.
- Do not use artificial voice calls or recording to residents without consent.
- Do not use autodialers, simulated voices, or recordings sent to mobile phones that charge the receiver for the call.
- Do not make calls before 8 am or after 9 pm in the residential timezone.
- No automatic telephone dialing system calls can be made to:
- patient rooms at a hospital
- any other healthcare facility
- fire stations
- police stations
- any other emergency lines
- No unsolicited advertisements sent from fax, computer, or other devices unless there is an established relationship with the recipient.
When are Telemarketers Allowed to Legally Contact Consumers?
There are some telemarketers that are exempt from the TCPA guidelines. Non-profit organizations can call as long as you are not on the do not call registry. Also, if you have given consent, you can be contacted by automated call centers.
Consent is not required for:
- Manually dialed non-telemarketing calls that do not use prerecorded messages.
- Auto-dialed or prerecorded messages that do not include unsolicited advertisements and are not for solicitation.
- Non-commercial calls using auto-dialing or pre-recorded messages to businesses or residential lines.
Remember that consent is assumed when you give out your phone number to a caller or a number is given to a creditor.
Contact Our Legal Team When There is a Breach of the TCPA Act
There are steps you can take if you are being harassed by robocalls, nuisance calls, and spam texts. Shamis & Gentile, P.A. can help you stop this unwanted solicitation and intrusive advertising.
If you are being harassed by this intrusive communication and think they are breaching the TCPA act, follow these steps.
- Don’t reply to spam texts as this may subscribe you to more messages.
- Don’t give out any personal information.
- Don’t click on any links.
- Screenshot the text and take down any details you can.
- Don’t answer nuisance calls.
- Install a blocker for robocalls or add your number to the do not call registry
Try and record, screenshot, and write down as much information as possible. You can bring this to a qualified lawyer and they can help you stop this harassment.
Shamis & Gentile, P.A. are experienced lawyers with extensive experience dealing with multiple cases of spam messaging and harassment. If you have been a victim of unwanted marketing and are being harassed or stalked without consent, you may be entitled to financial compensation.
Shamis & Gentile, P.A. are here to help. They know the TCPA – Telephone Consumer Protection Act and understand how to deal with entities that breach it. Contact them today for a free consultation.