The Telephone Consumer Protection Act (TCPA) restricts telemarketers and debt collectors from using automated dialing and voice recorded messages to:
- Mobile phone
- Residential phones
- Text messages, and
- Faxes
It is a VIOLATION of the TCPA to use automated calls, texts, pre-recorded messages to mobile phones, unless the consumer has given permission to call their cell phone. However, a consumer can revoke consent by asking the debt collector or caller to stop calling. The revocation does not have to be in writing.
Pre-recorded messages and robocalls to residential phones are a violation of the TCPA if the consumer does not have an “established relationship” with the caller.
If the consumer telephone number is registered with the Do Not Call Registry, then any solicitation is a violation of the TCPA. Under the TCPA, a consumer is entitled to receive:
- Up to $500.00 for each violation, and
- Up to $1,500.00 for each violation that was made knowingly and willfully.
If you feel you have been a victim of robocall calls, contact Miller Law Group for a free consultation, or call 919-348-4361.
