Telephone Consumer Protection Act

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (the “TCPA”) makes it unlawful to call any telephone number assigned to a cellular telephone service using an automatic telephone dialing system (“ATDS”) or an artificial or pre-recorded voice without consent. 47 U.S.C. § 227(b)(1).

An ATDS is defined as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” 47 U.S.C. § 227(a)(l)(A)–(B).

The TCPA is a Federal law, which makes it unlawful to call or text a cell phone number using an artificial voice, prerecorded message, or an automatic dialing system (“robocalls”). Under the TCPA individuals must provide express consent to receive certain types of calls and texts and have the right to tell these companies, including debt collectors, to stop calling. For each unwanted call or text, a consumer may be able to collect between $500 and $1,500.

“[A] TCPA claim is comprised of the following elements: (1) a call was made to a cell or wireless phone, (2) by the use of an automatic dialing system or an artificial or prerecorded voice, and (3) without prior express consent of the called party.” Witchard v. Allied Interstate, LLC, No. 8:15-cv-1109, 2015 WL 6817163, at *2 (M.D. Fla. Nov. 6, 2015) (quotation omitted).

Are You Being Harassed By Telemarketers & Debt Collectors & Robocallers?

If you are a victim harassing and intimidating telemarketing calls or robocalls, Gulisano Law can help as we go after those entities for violations of the Telephone Consumer Protection Act.