Protecting Your Privacy: Understanding the Telephone Consumer Protection Act

Woman upset over illegal text messages under the TCPA
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Unsolicited phone calls and text messages are a nuisance. But did you know they can also be a violation of your privacy and your rights? The Telephone Consumer Protection Act (TCPA), established in 1991, is a critical piece of legislation to protect consumers from intrusive and unwarranted telemarketing practices. As a consumer, it’s essential to understand your rights under the TCPA regarding unwanted solicitation, text messages, and phone calls made with a computer-generated voice.

What is the TCPA?

The TCPA addresses telemarketing abuse by imposing strict regulations on telemarketers and others who use automated telephone equipment to contact consumers.
The TCPA restricts the following:

  • Pre-recorded or artificial voice messages.
  • Unsolicited text messages.
  • Fax advertisements.

The TCPA aims to give consumers more control over who can contact them and to establish clear penalties for violations.

Unwanted Solicitation Text Messages and Computer-Generated Voice

One of the most common complaints under the TCPA is receiving unwanted solicitation text messages and calls with an automated or computer-generated voice. These automated communications are often sent in bulk, targeting a large number of recipients without their prior consent. Whether you’re receiving a flood of marketing text messages or calls from a computer-generated voice, these intrusions can be more than just annoying—they can be illegal.

Consent is Key

Under the TCPA, businesses must obtain expressed written consent from consumers before sending marketing text messages or making automated calls. Unless you have explicitly agreed to receive these communications, they are prohibited from contacting you in this manner.

Remedies Under the TCPA

If you receive unsolicited text messages or calls with a computer-generated voice, the TCPA provides a robust set of remedies to address these violations. Consumers can file a lawsuit and seek financial compensation for each violation. The act allows for:

  • $500 per Violation: You can recover $500 for each unsolicited text message or call. This amount compensates you for the invasion of your privacy and the inconvenience caused by the unwanted communication.
  • Up to $1,500 per Violation: If you prove that the sender willfully or knowingly violated the TCPA, your compensation can be tripled to $1,500. This higher amount is a deterrent against willful disregard for the law and encourages businesses to adhere to TCPA regulations.

Taking Action

If you believe your rights under the TCPA have been violated, it’s essential to take action. Here are some steps you can follow:

  1. Document the Violations: Keep a record of all unsolicited text messages and phone calls. Note the date, time, and content of each communication.
  2. Check for Consent: Determine if you have ever given consent to receive these communications. If you haven’t, or if you revoked your consent, the sender is in violation of the TCPA.
  3. Consult a Lawyer: TCPA claims can be complex, and Francis Mailman Soumilas, P.C. can help you navigate the legal process. We can assist in filing a lawsuit and maximizing your potential recovery.

Get Help Asserting Your Rights Under the Telephone Consumer Protection Act

By understanding your rights and the remedies available under the TCPA, you can take action to stop unsolicited text messages and computer-generated voice calls and hold violators accountable. If you’ve been subjected to these violations, don’t hesitate to call us at 1-877-735-8600 to ensure your privacy and rights are upheld.
Fill out our free case review form now to find out if you have a case and are owed compensation. We are here to help you fight back against unwanted solicitations and protect your privacy.