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Violations of the Telecommunications Practices Acts (TCPA): How to Recognize Clear Violations

It never fails. At some important point in your life–a business meeting, a graduation ceremony, a social party–you’ll get a phone call from a number you don’t recognize. The first thought will be “I’ve been waiting for a call from [insert name here], maybe this is it”. So, you’ll excuse yourself, answer the phone, and be greeted with, “Hi! My name is Steve and I’d like to talk to you about.” Inevitably, you’ll hang up or ask them to call you back, and be forced to explain yourself to the boss/spouse/family member you just walked out on.

Telephone solicitors are a thorn in the side of every person who owns a phone. Besides those people with absolutely nothing to do, almost anything in life is more important than having subscriptions to magazines pitched over the phone. For most people, telephone solicitations are a pest that would not be missed if they were stopped completely. Fortunately for you, the federal legislature agrees.

In 1991, Congress enacted the Telephone Consumer Protections Act (TCPA), which required the executive branch to create regulations governing solicitations and collection efforts via telephone. Over time those regulations were put into place, ultimately resulting in the creation of the federal “Do Not Call List”. This was a step in the direction of eliminating sales calls all together. All you have to do is log on to this website, fill out the short application, and your number will be protected from sales calls by federal regulation.

I’ve been registered on the “Do Not Call List” for about five years now and the effect on telephone sales calls to me has been drastic. Prior to registering, I received daily telemarketing calls; the calls stopped completely, immediately after signing up. Unfortunately, the result was not permanent. Slowly but surely I began receiving phone calls from telemarketers even though I had registered on the “Do Not Call List”. This led me to conclude that my time on the list must have expired and that I needed to reapply.

However, before I went back to register for the list, I let my curiosity get the better of me. I decided that I should know the laws that apply to the “Do Not Call List”. What I uncovered was the TCPA and the related executive procedures that were born from it. Reading the statutes I was amazed to find that membership on the “Do Not Call List” is indefinite, and that it could only be revoked in writing. Any calls received by a telemarketer to those on the “Do Not Call List”, without such written consent are a violation of statute and may result in actual and statutory damages FOR EACH CALL. This means that telemarketers that are breaking the rules can be subject to huge statutory penalties (depending on the number of violations) and YOU, as a victim, can be the beneficiary of those penalties.

It turned out that the calls that I had been getting were a result of some magazine subscription I’d signed up for which allowed it. However, I’ve found case after case in courts of jurisdictions around the country awarding plaintiffs large verdicts in situations where telemarketers ignore the rules. Long story short, if you are receiving telemarketing calls and want them to stop, sign up for the “Do Not Call” registry. If you sign up and continue to get marketing calls, contact the Sibley Dolman Gipe Accident Injury Lawyers, PA so that we can make it stop. You may be entitled to damages, and you ARE entitled to have the calls stopped.

If you are receiving any calls that you want stopped, call Sibley Dolman Gipe Accident Injury Lawyers, PA today for a free case evaluation. Be proactive and start putting a stop to the harassment today. For more information on how you can use the TCPA to your benefit, call the experienced consumer rights lawyers at Sibley Dolman Gipe Accident Injury Lawyers, PA.