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Telephone Consumer Protection Act

TCPA

Do you get annoying telephone calls, especially on your cell phone? Are these calls robotic, computer generated or auto-dialed telephone calls? Do you hate getting a call in the middle of work or the middle of the night from a computer? Are some of these calls from debt collectors? The Telephone Consumer Protection Act can protect you. And Lakelaw knows how.

Frequently Asked Questions – TCPA

What is the TCPA?

The Telephone Consumer Protection Act is a federal law which protects people against improper and unwanted communications, including unsolicited telemarketing calls, pre-recorded calls, junk faxes and autodialed calls.

What is a Telemarketing Call?

A telemarketing call is a call made by anyone who offers or markets products or services to consumers. Lately, we have observed many telemarketing calls for companies trying to sell services related to electricity. They say that they will save you a lot of money compared to Commonwealth Edison, for example. If you didn’t ask for this call, it’s a telemarketing call. Frequently, this call is robotic or automated. More about this later.

What is an autodialed call?

This is a telephone call. It can have either a live person or a prerecorded message. However, the call is placed by an automated telephone system. This sort of system can make phone calls through a sequence of telephone numbers in a particular exchange, from a stored list, or even randomly. If a machine or computer makes the calls, then it’s an autodialed call.

What’s a robocall?

This is an autodialed call which delivers a pre-recorded telemarketing message. Again, we’ve been seeing quite a bit of this in the utility sector these days.

Does the TCPA protect me against unwanted texts?

Text messages can be illegal under the TCPA.

When are unwanted calls illegal?

After October 16, 2013, automated calls or calls with a pre-recorded message can’t be sent to you unless you have provided “unambiguous written consent.” It doesn’t matter whether you have had an established business relationship. It doesn’t matter if the improper call is sent to you cell phone or your landline home phone.

What are the penalties for violating the TCPA?

You can recover actual damages or statutory damages from $500 to $1500 per unsolicited call or message depending on whether the caller “willfully” or “knowingly” violated the TCPA.

If you get a robocall, whether it’s for telemarketing, collection or otherwise, and you didn’t consent to getting one, if you get an automated dialing call, even with a live person behind it and you didn’t consent, call Lakelaw at 847 249 9100. We can help you and perhaps even thousands others just like you.