Consumers pay for their home and mobile phones, which allow them to have on-demand communication with friends, family, employers and even local businesses. Their phones should connect them to the world, not leave them subject to abusive conduct or harassment.
Unfortunately, some businesses outright abuse the access to consumers offered by modern telephones. They use robotic or automated dialer systems to call dozens of people in a matter of minutes. They send unsolicited spam texts that are annoying and disruptive.
Lawmakers have enacted statutes that protect consumers from abuses of telecommunications infrastructure. The Telephone Consumer Protection Act (TCPA) is a critical federal law that prohibits harassing consumers via robocalls or repeated, unsolicited text messages. When companies violate the TCPA, consumers can potentially turn their annoying business practices into grounds for a compensation claim.
The TCPA provides the legal basis for consumer litigation
Businesses calling or texting consumers generally need to have written consent to make prerecorded phone calls or autodialed communication attempts. The same is true of marketing texts. Additionally, those engaging in telemarketing efforts should not contact consumers after 9 p.m. or before 8 a.m.
Consumers have the right to opt out of communications at any time. They can add their names to the National Do Not Call Registry. They can ask companies to remove their numbers from lists, and businesses should comply within 10 business days.
When companies do not remove consumers from their call lists or text lists after a request, that conduct can constitute a violation of the consumers’ rights. Similarly, the use of robotic dialing systems or automated group texts can also serve as both an annoyance and a violation of the TCPA.
Thankfully, the TCPA does not just prohibit inappropriate telecommunication practices. It also provides the legal basis for financial consequences. Consumers can file lawsuits over spam calls and texts. The compensation they receive could be anywhere from $500 to $1,500 per violation.
Those frustrated by inappropriate business practices may need to review copies of their phone records while sitting down with a consumer protection attorney. Filing a TCPA lawsuit successfully can provide compensation for the frustration those targeted by robocalls and spam texts experience and can force companies to change their inappropriate business practices.