Fort Lauderdale Telephone Consumer Protection Act Lawyer
Stop Phone Call and Text Message Harassment
Did you know that without your prior consent, it is illegal for debt collectors or sales people to use an automatic dialing system or prerecorded message to contact you via phone call or text message? If you are receiving unwanted or harassing robocalls or SMS spam text messages, you have a right to make it stop. Read below or contact our Fort Lauderdale telephone consumer protection act lawyer today, we can help.
Your Rights under the TCPA
The Telephone Consumer Protection Act (TCPA) was enacted in 1991 and has been amended several times over the years to protect consumers from the harassing and annoying activity of telemarketers. Most significantly, the law allows you to sue violators for money damages to compensate you for the annoyance and also incentivize telemarketers to comply with the law. Attorney Brendan Sweeney of Sweeney Law, P.A. in Fort Lauderdale can help you pursue a claim against telemarketers and companies who violate the law. Learn about your rights under the TCPA below, and call Sweeney Law, P.A. for a free consultation on your TCPA claims.
Your TCPA Rights
- Calling before 8 A.M. or after 9 P.M.
- Telemarketers should not call anyone who asks to be placed on their do-not-call list or to not be called in the future
- Robocalls should not be made to anyone without their prior express written consent
- Companies cannot send unsolicited SMS messages (text messages)
- Telemarketers should not call anyone on the Do Not Call Registry
- Consumers with their number on the registry who receive calls can sue the offending company for $500 per violation, or $1500 for a willful violation
There are exceptions in the law for certain entities, such as tax-exempt nonprofits. Also, telemarketers may call consumers with whom they have an “established business relationship” as defined in the TCPA. However, robocalls to such consumers are still illegal without the consumer’s consent. It can sometimes be difficult to identify who is calling you and to prove that they have violated the TCPA. However, Brendan Sweeney is an experienced Florida consumer law attorney who has helped consumers like yourself put an end to the harassment of calls and texts in violation of the TCPA.
Stop Robocall and Text Harassment with a TCPA Attorney
If you’ve ever asked yourself, “Can I sue telemarketers?” The answer is yes, if they’ve violated your rights. As a victim of unwanted calls and texts, it’s your right to fight back. The idea of “prior consent” can get a little tricky, and that’s where our dedicated team can come to your aid. Let us help you:
- Stop unwanted calls and spam texts
- File a TCPA lawsuit and represent you in court
- Determine if you’ve given “prior consent” and assist you in revoking consent if needed
- Receive statuary damages for up to $500-$1500 for each violation
Important Things to Know about the TCPA
The Telephone Consumer Protection Act (TCPA) was enacted to end the plague of unwanted calls and solicitations. Unfortunately, illegal telemarketers have continued to find more sophisticated means to evade the law, making it harder for you to enforce your rights when the law is violated. These rights include suing and recovering up to $500 or even $1,500 per call, but obtaining this recovery on your own is difficult if not impossible. Read on to learn more about the TCPA, and contact Sweeney Law, P.A. in Fort Lauderdale for professional assistance from an experienced and successful Florida consumer law attorney who fights to stop harassing phone calls.
Facts about the TCPA
The TCPA was first passed into law in 1991, and the rules and regulations implementing the law were passed in 1992. These rules restricted the use of telemarketing and required telemarketers to put people on a “do not call” list at the consumer’s request.
The law was amended in 2003, establishing the national do-not-call registry. Rather than having to tell every telemarketer who calls to be put on their do-not-call list, consumers are able to register their number one time on the national registry. Telemarketers are supposed to check the registry and not call anyone whose number is on the registry. If your number is on the registry and you receive a telemarketing call, chances are that call is not coming from a legitimate telemarketer but is instead some sort of scam or fraudulent scheme.
The 2003 amendments also restricted the use of autodialers (robocalls) and required telemarketers to display Caller ID information.
The law was further revised in 2012 to require prior express written consent before robocalling someone, even if there is an “established business relationship” with the consumer. Additionally, it is unlawful to use an automatic telephone dialing system or an artificial or prerecorded voice (robocall) to call a hospital patient or nursing home resident, or to use those methods to call a cell phone. Each robocall is required to have an automated, interactive “opt-out” feature as well.
A telephone solicitation under the law means encouraging the purchase, rental or investment in property, goods or services.
Companies Excluded from the Law
The telemarketing restrictions do not apply to calls or messages:
- to a person with prior express invitation or permission to call
- to a person with whom the company has an “established business relationship”
- from a tax exempt nonprofit organization
An Established Business Relationship means that the consumer conducted a purchase or other transaction with the business within the previous 18 months, or the consumer made an inquiry about the company’s products or services within the last three months. However, this exception ends if the consumer makes a specific “do not call” request to the company, even if the consumer continues to do business with them.
An established business relationship does not extend to affiliated entities unless the consumer would reasonably expect them to be included.
Are You Still Receiving Harassing Phone Calls? Get Help from an Experienced Fort Lauderdale TCPA Lawyer
If you have put your phone number on the Do Not Call Registry yet continue to receive harassing phone calls, you may have the right to sue the responsible parties and recover significant monetary penalties. Fort Lauderdale telephone consumer protection lawyer Brendan Sweeney has helped many Florida residents in Palm Beach, Broward and Miami-Dade counties with telemarketing and robocall issues, and he can help you too. Call Sweeney Law, P.A. at 954-440-3993 for a free consultation regarding your options to end the harassment.