How Does The Telephone Consumer Protection Act Stop Telemarketer Abuse?
If you receive an untold number of unwanted telemarketer calls, know that you have rights as a consumer to put a stop to them. Legislation from the federal government is designed to protect you from harassment from robocalls and other phone marketing. A lawyer can help you understand your rights under the Telephone Consumer Protection Act.
What Is the TCPA?
The Telephone Consumer Protection Act, or TCPA, was enacted in 1991 to protect American consumers from overzealous telemarketing. The legislation sets forth rules that marketing companies must follow when attempting to make sales or otherwise contact consumers by phone. Over the years, the TCPA has undergone a few revisions, but the law sets basic limitations that include the following:
- Telemarketers cannot call between the hours of 9 p.m. and 8 a.m.
- Telemarketers cannot call numbers listed on the National Do Not Call Registry or on their own company's do-not-call list.
- Robocalls must include an automatic system for letting consumers opt out of future calls.
- Robocalls must not be made to any emergency services or medical facilities.
If a telemarketer violates any of the provisions of the TCPA, you can hold them accountable under the law. It's possible to take a telemarketer to court for up to $500 for each violation, so ask an attorney if they recommend this course of action.
What Is the National Do Not Call Registry?
One of the first defenses against telemarketer abuse is to add your phone number to the National Do Not Call Registry, which was established in 2003. Registering is free and can be done online or over the phone, so it's beneficial for any consumers being harassed by telemarketers to add their numbers. If you add your number to the list and you still receive calls from telemarketers, this can provide evidence for your lawyer to prove that the telemarketer is willfully violating the provisions of TCPA.
The downside is that the registry only lists a number for five years, so you may have to re-register every five years. In addition, a telemarketer may try to claim that you have an established business relationship with their organization in order to skirt around TCPA rules. If a telemarketer is using this claim to continue to harass you with soliciting phone calls, contact an attorney to learn more about your options. You may be able to ask for an injunction or other legal measure to end their phone calls.
For more information on your options for recourse against telemarketer abuse, contact a law firm such as Heidarpour Law Firm.