Telephone Consumer Protection Act (TCPA) FAQ's

What is a TCPA Lawsuit?

The TCPA is the Telephone Consumer Protection Act, which was enacted in 1991. It provides that consumers who have received text spam, telemarketing calls, unsolicited faxes, prerecorded calls or autodialed calls to cellphones, may bring a lawsuit against the violators of the TCPA. Consumers who are harmed by these practices may be entitled to statutory damages of between $500 and $1500 per violation.

Who are the most common violators of the TCPA?

Telemarketers, banks and debt collectors are the most common violators of the TCPA.

Is it legal for companies to send unsolicited text messages?

If you have given prior express consent to the company to call or text you, then the call or text is probably not in violation of the TCPA. However, even if you have previously given your cell phone number to a creditor or debt collector, you can revoke any prior consent. We suggest that you do this in writing, preferably by certified mail.

If the call is by live voice, can it still violate the TCPA?

Yes. Even if there is a live voice on the other end of the phone, it can still be a violation of the TCPA as the call may still have been made by an auto-dialer.

How can I tell if the call was made by an auto-dialer?

A recorded voice is a good indication that an auto-dialer was used. If you encounter a live voice, a brief delay between the time that you answer the phone call and when the representative comes on the line may be indicative of an auto-dialer.

What can I do about unwanted text messages and unwanted phone calls?

Individuals that have been subjected to these practices can contact the Emge Law Firm. We represent individuals in consumer class actions and can take action against unscrupulous and annoying business practices. Under the TCPA, consumers who are harmed by these practices may be entitled to statutory damages of between $500 and $1500 per violation.

Can I sue for harassing text messages?

The TCPA allows individuals to bring consumer class actions to recover statutory damages of between $500 and $1500 per violation.

Can debt collectors call your cell phone?

Unless you have given your consent for the debt collector to call you, the call is probably in violation of the TCPA. However, if you have given prior express consent to the violator to call or text you, then the call or text is probably not in violation of the TCPA.

Can I sue under the TCPA for calls concerning other people's debt?

You may have a claim under the TCPA, even if you are receiving calls on your mobile device for someone else's debt.

Is all of my information confidential?

Yes. The information that you provide to The Emge Firm, LLP is confidential.