Telephone Consumer Protection Act Fort Lauderdale
The Telephone Consumer Protection Act (TCPA)

Telephone Consumer Protection Act (TCPA) restrictions apply to ANY Individual or Company!

Telephone Consumer Protection Act (TCPA):

The telephone consumer protection act (TCPA) is a federal act that provides very strong protections to consumers and very large consequences for violators.

The telephone consumer protection act (TCPA) act applies to any individual or corporation who collects, solicits, advertises, markets, or provides information using telephone calls.

Frequent violators of the Telephone Consumer Protection Act (TCPA) are debt collectors, or companies collecting debts in general, banks, finance companies, loan companies, and telemarketers. The TCPA deals with several distinct issues:

  • Automated dialing equipment (ATDS) a/k/a auto-dialers or predictive dialers
  • prerecorded messages or robocalls
  • Telemarketing calls using “live” callers
  • Facsimile (fax) transmissions
  • artificial or prerecorded voices
  • SMS text messages
  • Debt harassment or Debt collection harassment

As a general statement: without proper (see below) “Prior Express Consent” telemarketing calls, unsolicited faxes, prerecorded calls and auto-dialed calls to cell phones are  violations of the TCPA. Importantly, too, just because there is a live operator on the line, does not mean that there is not a violation of the TCPA, it is the method and technology by which the call was made that is determinative, i.e. was the call made using an automatic telephone dialing system (ATDS).

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The Term “Prior Express Written Consent” Means:

  • an agreement;
  • in writing (can be electronic);
  • bearing the signature (can be electronic) of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice; and
  • the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered.

The written agreement shall include a clear and conspicuous disclosure informing the consumer signing that:

  • By executing the agreement, such person authorizes the seller to deliver or cause to be delivered to the signatory telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice;
  • The consumer is not required to sign the agreement (directly or indirectly) or agree to enter into such an agreement as a condition of purchasing any property, goods, or services.
  • If a consumer has previously provided his or her cell phone number to a creditor or provided express consent to a debt collector, or telemarketer, they can always revoke any prior consent to receiving calls; this can be done in writing or orally.

The TCPA has the potential to result in significant damage awards to plaintiffs who prove violations or abusive tactics. The law was designed to protect consumers against not only debt collectors and debt harassment, but also solicitors, marketers, or advertisers who “won’t stop calling” to the point that becomes harassing to the consumer.

The TCPA entitles prevailing consumers who receive robocalls, auto-dialed calls, or robot calls, from collectors, solicitors, marketers, or advertisers, on their cell phones to:

  • Potential Damage Awards of between $500.00 and $1,500 per violative call.

Zebersky Payne’s consumer attorneys and TCPA attorney are well versed in the regulations, limitations, and protections of the Telephone Consumer Protection Act.

The firm has handled individual and class action cases involving: debt harassment/debt collection harassment, regulatory/corporate compliance, autodialers, robocalls, telephone solicitation, telemarketers, general harassment, consent and lack of consent.

What is "Prior Express Written Consent"

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Zebersky Payne, LLP – TCPA Lawyers