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Sweeney Law, PA Fort Lauderdale Business Lawyer
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3 Things To Know About TCPA

First and foremost we need to break down what the TCPA is by looking a little deeper into its background and history. TCPA stands for the Telephone Consumer Protection Act, and it was signed into law in 1991 to help limit telephone solicitations or telemarketing, and the has regulations on the use of autodialers, prerecorded messages, and artificial voices in telemarketing phone calls.

1. Basic Regulations

Some basic regulations you should know about are:

Telemarketers are prohibited from calling residences before 8 AM and after 9 PM for the local time. Telemarketers must provide their name, company, and a telephone number or address where they can be contacted. Limits auto-dial and auto-text messaging, as well as prohibiting auto-dialed calls with two or more lines engaged. No unsolicited advertising faxes may occur.

2. The National Do Not Call Registry

The National Do Not Call Registry is a federal database gives you a choice as to whether you are open to receiving telemarketing phone calls and text messages. It is free to register your phone number with the registry, and in doing so, you could significantly limit the number of unwanted solicitation you receive. Under the TCPA telemarketers must respect the rights of those persons who register themselves, and can be fined if they willfully ignore the registry.

3. 2010s: What’s New?

In October of 2013 new laws were created to help limit telemarketing to cell phone users. As it stands, most mobile phone users feel that receiving calls from unknown numbers is an invasion of privacy. Many owners keep their cellular devices close and are discerning when giving out their phone number. The 2013 regulation states that to receive autodial messages from telemarketers via cell phone, telemarketers must gain written consent from the user.

What can you do if you feel TCPA has been violated on your behalf?

If you feel like your rights have been violated in conjunction with a violation of the TCPA by a telemarketer or solicitor, you can sue for up to $500 for each violation, or recover your actual monetary loss, or if the violation was willful, you could sue for up to three times the damages. If you have been the victim of TCPA violations or have further questions about legal action, do not hesitate to call our office and find about what we can do to help you. Call the Sweeney Law Group at 954-440-3993.

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