If you’ve ever received an unwanted call, text message, or fax from a telemarketer, you may be protected under the Telephone Consumer Protection Act (TCPA). This federal law was created to govern telemarketing and to set guidelines for robocalls and automated messages. Here’s what you need to know about your rights under the TCPA.
Overview of the TCPA
The TCPA was enacted in 1991 and has since been updated to include new technology, such as cell phones and text messaging. The law applies to both telemarketing and non-telemarketing calls, and it requires companies to obtain prior express consent before making automated calls or sending text messages to consumers.
What is a Robocall?
A robocall is a call that is automatically dialed and delivered through an automated system, often using pre-recorded messages. While some robocalls are legal, others are not. For example, companies are prohibited from making robocalls to consumers who have not given prior express consent, except in certain limited circumstances.
What is Express Consent?
Express consent means that a consumer has given explicit permission for a company to contact them using an automated system or pre-recorded message. Companies must obtain express consent in writing or through an electronic signature. Verbal consent is not enough.
Examples of TCPA Violations Related to Car Warranties
Car warranty telemarketers are notorious for violating the TCPA. Here are some common examples of TCPA violations related to car warranties:
- Robocalls to consumers who have not given prior express consent
- Calls made to numbers on the National Do Not Call Registry
- Calls made to numbers that are on the company’s internal Do Not Call list
- Calls made to consumers who have specifically requested to be removed from the company’s call list
What to Do if You Believe Your Rights Have Been Violated
If you believe that your rights under the TCPA have been violated, there are several steps you can take:
- Keep a record of the date and time of the call, the name of the company, and the name of the person who called you.
- Ask the caller to remove you from their call list and confirm that they have done so.
- File a complaint with the Federal Communications Commission (FCC) and/or the Federal Trade Commission (FTC).
- Contact a lawyer who specializes in TCPA violations to discuss your legal options.
Why You Should Contact a Lawyer
If you have been the victim of TCPA violations related to car warranties, you may be entitled to compensation. A lawyer who specializes in TCPA violations can help you understand your rights and take legal action against the companies that have violated the law. With the help of a lawyer, you can seek damages for each violation, including $500-$1500 per call or text message.
Take Action Now
If you believe that your rights under the TCPA have been violated, don’t wait to take action. Contact a lawyer who specializes in TCPA violations to discuss your legal options. Remember, you have the right to protect yourself from unwanted calls and to seek compensation for any violations of the law.
At our law firm, we specialize in representing consumers who have been contacted in violation of the TCPA, especially related to car warranties. Contact us and let us help you take legal action to protect your rights and seek the compensation you deserve:
➡ Call us at (973) 598-1980 for a Free Consultation