If you have been contacted by a telemarketer or debt collector using automated dialing and pre-recorded voice messages to your cell phone, you may be entitled to $500 for each illegal phone call. The Telephone Consumer Protection Act (TCPA) was passed by Congress in response to an increasing number of consumer complaints about telemarketer and debt collector phone calls. The primary purpose of the TCPA is to protect individuals from harassing or nuisance calls, but more importantly it is designed to protect the consumer’s right to privacy. This law applies to all cell phones whether used for business or personal use. Essentially, a telemarketer or debt collector violations the TCPA every time it makes an automated call to a consumer’s cellphone, unless the consumer previously gave the telemarketer or debt collector permission to call. Prior consent may be revoked at any time by notifying the telemarketer or debt collector to stop calling the cell phone. This can be done either orally or through written correspondence. Written revocation is always advised, however this not always necessary, particularly when you are not the intended recipient of the call or have no prior relationship with the caller.
Documenting evidence of TCPA Violation is critically important for consumers. Those consumers receiving automated or “robo” phone calls should follow these simple steps to protect themselves and any evidence of TCPA Violations. Make sure you save all phone records and highlight incoming calls from debt collectors and telemarketers. Always complete a written record of the call you are receiving, specifically the date, time, identity of the caller and a brief summary of any conversation. Additionally, consumer should save all voice messages they receive from suspected “robo” calls. Finally, if you have revoked consent to receive these calls, make note of the date, time and identity of the individual you revoke your consent. If you have written revocation of your prior consent, always keep of copy of your letter.
The law surrounding the TCPA is constantly changing. Consumers need an experienced Florida TCPA Attorney who has handled these cases in the past and is able to, if necessary, file suit against the debt collectors or telemarketers making the calls. Call Rainka Law today to schedule your free consultation if you believe you have been contacted by debt collectors or telemarketers though the use of “robo” dialers.