No one likes to be bombarded with unsolicited telemarketing phone calls, text messages, and faxes. These communications are often more than an annoyance – they can be against the law. The Telephone Consumer Protection Act (TCPA) places restrictions on these types of communications, as well as robocalls, pre-recorded voice messages, and the use of automatic telephone dialing systems (ATDS).
Common TCPA violations
Companies could pay a statutory penalty of $500 for a single standard TCPA violation, which may be trebled up to $1,500 for a willful violation. Some common TCPA violations include doing any of the following without the necessary consent (sometimes written prior consent) from the consumer:
- Calling consumers with numbers on the National ‘Do Not Call’ Registry
- Calling consumer homes using prerecorded voice technology
- Calling outside permissible hours (calling before 8 a.m. or after 9 p.m. in the consumer’s time zone)
- Calling health care facilities, elder care facilities, hospital patient rooms, emergency phone lines (e.g. medical, fire, law enforcement), etc.
- Using ATDS or pre-recorded messages without identifying themselves at the beginning of the call or message
Consumers can file a claim for TCPA violations
Consumers in North Carolina are often harassed by marketing and debt collection companies that fail to adhere to the requirements listed in the TCPA. Consumer law attorneys can help you handle any claims related to the TCPA and make sure you are compensated for any violations to your rights. Many TCPA claims are filed as class action litigation, as companies often target hundreds, even thousands, of people with their marketing solicitations.