The Telephone Consumer Protection Act, 47 U.S.C. 227 (“TCPA”) was enacted in 1991 to defend people from robocalls, autodials, telemarketers, invasive text messages, and other unwanted solicitations.
The TCPA resulted in the creation of a National Do Not Call Registry, in which consumers can enroll to prevent solicitors from contacting them. Solicitors must honor a consumer’s Do Not Call registration permanently.
The TCPA provides that solicitors must provide their name, phone number, and address. They must also state on whose behalf they are calling. Other TCPA provisions prevent solicitors from calling before 8am or after 9pm, from using autodialers, and from using artificial recordings or “robocalls.”
Many companies ignore the TCPA and Do Not Call Registry, and engage in unlawful solicitation practices, which are a nuisance and harassing for consumers. The TCPA provides consumers with recourse as it permits for private causes of action against violators of the statute. As a result, since the enactment of the TCPA, many consumers have filed class action lawsuits against companies that unlawfully contacted them. These lawsuits can result in millions of dollars in settlements or judgments and, importantly, prevent companies from continuing to make illegal and unwanted solicitations.
Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D) is investigating various companies to determine if their telephone solicitation practices violate the TCPA. If you have received unwanted calls or messages from solicitors, you may be the victim of a TCPA violation and our attorneys may be able to help you obtain compensation. If you have questions about your rights under the TCPA or believe you have been the recipient of an unlawful solicitation, please contact the lawyers listed below for a free consultation.