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TCPA/FDCPA: Harassing Calls

Do you want to stop unwanted calls from reaching your cell phone? The Federal Telephone Consumer Protection Act (TCPA) forces debt collectors and telemarketers to stop unwanted cell phone calls, text/voice messages to cell phones, and calls to residential telephone lines. These calls are sometimes known as robocalls because your number gets automatically dialed by a computer program and the voice on the phone is a prerecorded or a computer voice. Despite these laws, collectors and telemarketers continue to violate the TCPA because your cell phone is the only way to reach you.

Shireen Hormozdi has been handling FDCPA and TCPA since 2010. Calls placed using an automatic dialer or that use prerecorded or artificial voices, or robo-calls, are regulated by the Telephone Consumer Protection Act (TCPA). The TCPA also covers texts and faxes.

Robocalls or Autodialer calls made to a cellphone are usually illegal unless you gave consent to receive the call. Even in instances where someone has previously given consent to receive calls by an automatic dialer, that consent may subsequently be revoked (orally – if you live in the 11th Circuit, which includes Georgia, Florida and Alabama) and if such calls continue after consent has been revoked, the TCPA has been violated.

Likewise, texts or faxes that are sent with without the recipient's prior express consent are also usually illegal under the TCPA. Just like autodialer or robocalls, consent to receive these transmissions may also be revoked, and post-revocation texts or faxes also violate the statute.

The TCPA provides for statutory damages of $500.00 per call and up to $1,500.00 per call for willful violations.

If you have experienced unwanted autodialer or robocalls, texts or faxes, call Shireen Hormozdi for a free consultation today. Contact us if you have questions or have experienced any of the following:

  • Solicitors calling your residence or cell phone before 8 a.m. or after 9 p.m., local time.
  • If you are on the National Do Not Call Registry – the "do-not-call" (DNC) list of consumers who asked not to be called and you are still getting calls. The DNC request must be honored for 5 years.
  • A solicitors calls you and does not provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity may be contacted.
  • You have received an unsolicited advertising via text or faxes.

Telemarketers challenged the TCPA's constitutionality soon after it was enacted in 1991. Moser v. FCC, 46 F.3d 970 (9th Cir. 1995) cert. denied, 515 U.S. 1161 (1995) and Destination Ventures Ltd. v. FCC, 46 F.3d 54 (9th Cir. 1995) effectively found that the TCPA was constitutional. The Supreme Court made a victory for consumers and the law still protects you today!

Political Calls: Prerecorded voice and autodialed political calls, including those sent by nonprofit organizations, are violations if the call is made to a cell phone, but not violations if made to a residential landline.

EXCEPTIONS:

Land Lines: It is a potential TCPA violation if you receive autodialed or prerecorded calls or messages on your cell phone. But it is not a TCPA violation if you received on your residential phone line an autodialed call with a live person telemarketer. Telemarketers are allowed to autodial to your residential land line as long as they don't leave prerecorded or artificial voice messages.

Shireen Hormozdi defends clients' consumer rights in Georgia, Florida, Kentucky Mississippi, New York and North Carolina and is licensed to practice law in all of these states, including their federal courts. Let our firm use our years of experience and training to stop the harassing calls and get you the money you are legally entitled to!

Call us at 678-395-7795 or email Shireen directly to begin your FREE CASE EVALUATION: shireen@norcrosslawfirm.com.

678.395.7795