The Telephone Consumer Protection Act (“TCPA”) is a federal law that prohibits certain types of unwanted calls. Under the TCPA, several types of calls are prohibited, including auto-dialed calls and prerecorded messages to cellular telephones that are made without the recipient’s consent. The TCPA applies to text messages and telephone calls. Since the TCPA is a federal law, it applies in every state, including California. This means that if you are a California resident, you may be entitled to financial compensation for each prohibited phone call you receive. Below are some of the main things you should be aware of regarding your rights under the TCPA in California:
- The TCPA applies to cell phones, landlines, and fax machines. Regarding faxes, the TCPA requires that unsolicited advertisements sent via fax contain a notice informing recipients of how to opt out of receiving future fax advertisements.
- Prerecorded and artificial telemarketing calls to landlines are prohibited without the express consent of the recipient. However, non-sales calls and prerecorded calls that are made using an auto-dialer are allowed. Examples of permitted calls include opinion polls, surveys, and charitable fundraising communications.
- Telemarketers are prohibited from calling a landline on the do not call list two or more times in a 12-month period.
- The TCPA prohibits certain types of sales calls, including illegal robocalls. Companies sometimes place illegal sales calls using fake caller ID information in an effort to increase the likelihood that call recipients will pick up the phone.
- All telemarketing calls placed to a cell phone are prohibited without the express written consent of the recipient, and this includes prerecorded and auto-dialed calls. And even when consent is given, the consumer may revoke it at any time.
- A debt collector may only call a consumer’s cell phone if it is related to a specific debt transaction. No other purposes are permitted under the TCPA.
Damages in California TCPA Cases
When telemarketers in California violate the TCPA with illegal phone calls, the recipients of these calls may be entitled to financial compensation. Specifically, consumers may be entitled to up to $500 for each call, text, or fax that violates the TCPA. And when telemarketers or debt collectors willfully violate the TCPA, consumers may be entitled to up to $1500 per illegal call.
Fight Back Against Unwanted Debt Collection and Telemarketing Calls!
If you are a California resident who has received calls that are prohibited under the TCPA, you need a TCPA attorney in your corner. When you hire attorney Seth Lehrman, you can rest assured that we’ll do everything we can to ensure that you receive financial compensation for the harassment you’ve endured. If you have received unsolicited telemarketing calls in California and are ready to fight back, please contact our law firm as soon as possible for a free consultation.