A Law Firm Protecting Your Rights Under The Telephone Consumer Protection Act

Marketing seems inescapable, which is one reason why so many Americans are careful about publicly releasing their phone number, email and other contact information. Once you get on an advertiser’s list of contacts, it might feel impossible to regain your privacy. Thankfully, there are laws meant to protect consumers from unwanted and intrusive marketing via phone and other methods that are less commonly used today. One of the most powerful is the Telephone Consumer Protection Act (TCPA). It places restrictions on the actions of telemarketers and others who engage in similar activities. It also allows individual consumers to take legal actions against companies violating the act.

At Cohelan Khoury & Singer, our consumer rights attorneys have an in-depth knowledge of the TCPA and other consumer protection laws. We help clients across California seek relief from these invasive communications and hold businesses accountable for unwanted and frequent contacts.

A Basic Overview Of The TCPA

Enacted in 1991, the Telephone Consumer Protection Act (TCPA) restricts companies from telephone and fax solicitations using automatic dialing systems or an artificial or prerecorded voice for telemarketing purposes without the consent of the individual. On a landline, this does not apply to emergency calls, informational or transactional messages, research or survey calls, or political messages.

For a mobile phone number, only emergency calls or calls made with the consent of the person being called may be made using an automatic dialing system and prerecorded message. The same rules apply to text messages on cellphones.

The TCPA also governs the use of fax blasts. It is unlawful to send an unsolicited facsimile advertisement without prior express invitation or permission unless there is an established business relationship. Additionally, there must be specific opt out language included on the fax.

Companies Can Face Legal Liability For Violating The TCPS

The TCPA imposes significant penalties for violations. Consumers can sue for damages, and the law provides for statutory damages of $500 per violation, which can be tripled to $1,500 if the violation is found to be “willful” or “knowing.”

This is where our firm comes in. If you have received prerecorded or automatic telephone calls, text messages, or faxes from companies that are trying to sell products or services without your permission, one of our skilled attorneys can help you understand your rights and options. Our firm is backed by decades of experience and a track record of success.

Learn More During A Free Initial Consultation

From our office in San Diego, our attorneys at Cohelan Khoury & Singer serve clients across California. To schedule your free initial consultation with a consumer protection lawyer, call 888-652-2201 or submit an online contact form.