In 1991, Congress passed the Telephone Consumer Protection
Act of 1991 (“TCPA”). Its main purpose was to restrict or reduce
the number of contacts a telemarketer could make with a consumer.
Lawmakers wanted companies to stop harassing consumers at home.
Over the years, the TCPA has evolved to place restrictions on
prerecorded voice messages, SMS text messages, and automatic
dialing systems. Unless a consumer has given a company “prior
express consent” to contact them, a company cannot send a
consumer random unwanted text messages or prerecorded
telephone calls. Of course, consent varies on a case by case
basis from each company and a consumer’s relationship with
that company.
If a company or caller violates a consumer’s rights under the TCPA,
the law provides that a consumer can recover $500.00 per violation.
If the consumer can establish a “willful” violation, the TCPA allows an
additional $1,000.00 penalty. The definition of “willful” varies by
jurisdiction; sometimes it is as simple as showing that a party knowingly
made a telephone call or text to a consumer.
If you have received unwanted telephone calls or text messages from
a debt collector that has been harassing you or trying to scam you into
paying a debt, please do not hesitate to contact our office
1(833) 9-LAW-NOW for a free legal consultation.
Know your rights! Do not let collection agencies take advantage of you!
The Debt Defense Team
www.TheDebtDefense.com
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