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Consumer Law Governing Telemarketing and Robocalls

Guestpert : Abbas Kazerounian Category : Crime and Law Tags : Robocalls, Consumer Law, TCPA, Telemarketing

Abbas has been lead counsel in over 300 national class actions in the last 5 years. This includes class actions against some of the nation’s largest banks, credit card companies and other fortune 500 companies. Abbas has helped to obtain over $650,000,000 for consumers nationwide. Abbas is asked to litigate class actions for referring firms all around the country.

The TCPA is the Telephone Consumer Protection Act, which was passed into law in 1991. The Federal Communications Commission (FCC) issued rules and regulations implementing the TCPA which then went into effect on December 20, 1992. A number of court challenges to parts of the TCPA have been brought. All failed. The TCPA was a merging of two bills in Congress, and it deals with several distinct issues: • Use of automated dialing equipment and prerecorded messages. • Telemarketing calls using "live" callers • Facsimile (fax) transmissions. In general, telemarketing calls, unsolicited faxes, prerecorded calls and autodialed calls to cellphones are violations of the TCPA, and the people receiving these communications can bring suit in local state court (including in small claims court). The statute provides remedies that include statutory damages, generally from $500 to $1500 for each violation, which are paid to the consumer.

Examples Of TCPA Violations The Telephone Consumer Protection Act protects clients against excessive telemarketing calls and collections actions, with strict rules regarding: Timing of calls: They are not allowed to call your residence for collections purposes before 7 a.m. or after 9 p.m. Do-not-call lists: Collectors and solicitors are not permitted to call you if you are on a company's do-not-call list or the national do-not-call registry. Access: When third-party solicitors call on behalf of a company, they must provide the name and contact information of the company. Human contact: They are not allowed to use recorded or artificial voice messages or automated calls ("robocalls").

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