TCPA—Telephone Consumer Protection Act Lawyers in Miami, Florida
Do you receive unwanted calls, robocalls, text messages, and voicemails from telemarketers trying to sell you goods and services you never asked about? If so, you may have rights under the Telephone Consumer Protection Act, known as the TCPA.
The TCPA protects individuals from unwanted telemarketing calls and text messages. These calls and texts can be annoying, time consuming, disrupt your daily life, and invade your privacy. The TCPA may entitle you for up to $1,500 per call or text message.
Also, if you list your number with the National Do Not Call Registry, companies are required to refrain from calling you. If you are listed on this registry and are still receiving calls, the companies that call you can face fines for each violation and call they make.
There are a range of situations where a TCPA lawyer in Miami, Florida, like Ignacio J. Hiraldo may be able to help you. Contact IJH Law today to learn more.
What is the Telephone Consumer Protection Act (TCPA)?
The Telephone Consumer Protection Act, or TCPA, is a national law that was enacted in 1991 by the federal government to protect consumers from unwanted telemarketing telephone calls and text messages. Under the TCPA, a company cannot make an automated telemarketing call, text message, pre-recorded call, or ringless voicemail to your phone if you did not give them express written consent to do so. Express written consent has to be clear and conspicuous, and cannot be hidden from consumers to “trick” them into signing. Under the TCPA, you may be entitled to up to $1,500 per violation.
What is Telemarketing?
Telemarketing has been defined under TCPA to include “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.”
Telemarketing to consumers without proper express written consent can be a TCPA violation.
Text Message Spam
The agency Congress delegated authority over the TCPA to, the Federal Communications Commission (FCC), issued a ruling clarifying that consumers are entitled to protection under the TCPA for text message communications as well. This means that companies that send unwanted advertising text messages, text message spam, to consumers without prior express written consent can be in violation of the TCPA.
Robocalls and Automatic Telephone Dialing Systems
Robocalls and the use of automated dialing systems (ATDS) were called out as particular nuisances by Congress when it enacted the TCPA.
Automated dialing systems are equipment that can store or produce telephone numbers and can call them using a number generator. Robocalls refer to the use of prerecorded marketing messages that, while an inexpensive marketing tool for companies, consumers tend to find infuriating because there is not a real person on the other end of the call.
In addition to finding marketing calls using ATDS or robocalls, or a combination of the two, a nuisance, Congress also found the use of these tactics an invasion of privacy, costly, and inconvenient.
Further, in 2012, as the use of cell phones became even more ubiquitous in most consumers’ lives, the FCC tightened the restrictions on automated phone calls prohibited by the TCPA. The FCC issued an order requiring companies to obtain prior express written consent for automated telemarketing calls.
If you are receiving unwanted telemarketing calls and text messages, contact IJH Law today to see if we can help you with your claim.
Tips to Protect Yourself from Phone Scams
South Florida is a hot bed for phone scams. Phone spam and scams are more than just annoying, they can result in financial losses for victims who fall prey to them. What are some ways you can protect yourself from phone spam and scams? Here are some things to keep in mind:
- Add yourself to the National Do Not Call Registry and do not answer phone calls from unknown numbers. Businesses that have legitimate claims with you or offers can contact you in writing.
- Be wary of spoofed calls. Scammers and spammers can sometimes “spoof” a number, making you think you are getting a call from a local company or a number similar to your own.
- Never provide personal information to anyone who calls you who you don’t know and don’t send money. Scammers and phone spam fraudsters can use a range of tactics to get you to give your information. They may use fear tactics, like telling you that you could face jail time or a lawsuit for not paying them or sending them money. Or, they could provide you with an offer that is too good to be true to get you to send them money or give up your personal information. Don’t ever give your social security number, date of birth, address, credit card number, bank accounts, or other sensitive information to a company, person, or business that has called you.
There are many phone spam and scams out there. Some scammers call victims claiming to be the IRS, the Social Security Administration, utility companies, charities, or other organizations. Other spam and scam calls might tell you that you won the lottery, a vacation, or a prize. Other scammers pretend to be tech companies seeking your personal information, and sometimes scammers call, lying about refunds or overpayment in order to get your personal information. Sometimes companies or businesses make spam calls even when individuals have added their numbers to the National Do Not Call Registry. It can be very hard to trace spam or scam calls. The best way to protect yourself is to guard your information and to avoid giving sensitive information over the phone.
Contact Ignacio J. Hiraldo, a TCPA Lawyer Today
If you are receiving telemarketing calls or text messages, the TCPA may protect your rights. Ignacio J. Hiraldo is a TCPA attorney in Miami, Florida who may be able to help you fight back. Unwanted calls not only annoy consumers, but they can interfere with your ability to work, do business, and invade your privacy. If you are experiencing challenges with harassing calls, spam calls, or texts, contact Ignacio J. Hiraldo and IJH Law today.