TYPES OF TCPA CASES
The Telephone Consumer Protection Act of 1991 (“TCPA”) can generally be divided into four types of cases.
WHAT ARE TCPA STATUTORY DAMAGES ?
If a caller violates a cell phone, landline, or fax machine user’s rights under the TCPA, the TCPA provides that the called party can recover $ 500 per violation unless the caller has a valid defense. If the caller party can prove that the caller willfully violated the TCPA, the Court may award an additional amount up to $ 1,000 per violation. That’s up to $ 1,500 per call, text, or fax!
THE TCPA PROTECTS CELL PHONES FROM MOST UNWANTED CALLS
The most common violations and often the most valuable claims arise from calls,(including voice calls, pre-recorded greetings or messages and SMS text messages) to wireless telephones using an Automated Telephone Dialing System (“ATDS”) or an artificial or prerecorded voice.
Debt collectors and creditors’ in-house collection departments account for a large share of the violations of the TCPA arising from calls to cell phones, and these calls often also violate the Fair Debt Collection Practices Act (“FDCPA”) and/or the Florida Consumer Collection Practices Act (“FCCPA”), and even the Bankruptcy Code. This website contains unique five sections discussing common fact patterns in TCPA cases which arise from collection calls. If one of these scenarios apply to you, please read these specialized sections after you have read the cell phone section (the second blue button on this page).
If you are receiving many calls about a person who you do not even know, the calls are probably from a debt collector or a creditor’s collection department.
IS ANYONE CALLING YOU ABOUT SOMEONE YOU DO NOT EVEN KNOW?
If you are receiving frequent calls about a friend or relative, the calls are probably from a debt collector or a creditor’s collection department.
IS ANYONE CALLING YOU ABOUT YOUR (OR YOUR SPOUSE'S) DEBT?
If you are receiving calls about a debt that you (and/or your spouse) allegedly owe, you should read this article.
IS ANYONE CALLING YOU ABOUT A FRIEND OR RELATIVE ?
If you are receiving calls about a debt which you discharged in bankruptcy or which you believe may be so old that the statute of limitations expired, these articles will be helpful.
DID YOU FILE BANKRUPTCY AND A CREDITOR (OR DEBT COLLECTOR) IS CALLING YOU? ARE YOU RECEIVING CALLS ABOUT A DEBT THAT YOU BELIEVE IS TIME BARRED?
ADVERTISING CALLS
The TCPA also contains two sections which are specifically limited to advertising calls. If the telemarketer calls a user’s cell phone, the cell phone provision (first button) would also apply.
The TCPA telemarketing provisions govern :
(1) Prerecorded telephone solicitations to residential telephones (wireless and landlines);
ARE YOU RECEIVING PRERECORDED TELEMARKETING CALLS ON YOUR PERSONAL PHONE?
and (2) Telemarketing calls to residential phone numbers (wireless and landlines) that are registered in the National Do Not Call List; and
ARE YOU RECEIVING TELEMARKETING CALLS ALTHOUGH YOU ARE ON THE NATIONAL DO NOT CALL LIST?
UNSOLICITED “JUNK” FAXES
Finally, the TCPA prohibits many Telephone Advertising Facsimiles sent to a facsimile machine (including personal computers).
GET STARTED TODAY
Donald E. Petersen – Florida Consumer Rights Lawyer
You do not have to continue to tolerate illegal robocalls other TCPA violations. Mr. Petersen looks forward to learning more about your potential case and discussing how he can help you enforce your rights.
To get started towards enjoying your privacy again, call or contact Don Petersen today.
CALL DONALD E. PETERSEN AT
407 – 648 – 9050
Or provide a brief description of you potential case and along with your contact information for a free case evaluation.
(C) DONALD E. PETERSEN 2017 – 2021
