The Telephone Consumer Protection Act (TCPA) allows telemarketers to follow particular guidelines and restrictions while calling customers, and it also outright prohibits such forms of solicitations. However, these calls often break the law and cause disruptions of everyday life.

When Is a Phone Call Illegal?

Although telemarketers can still make certain calls, legitimate interaction with customers is limited. Pre-recorded communications, automatic telephone number dialing equipment such as robo-calls, and messages delivered to cell phones, fax machines, and voice messaging services are all prohibited under the Telephone Consumer Protection Act. Harassment of customers is also prohibited. Telemarketers are not permitted to contact customers who have not given their permission to accept the call. They do not contact people who have signed up for a "Do Not Call" list. They must give their name and the reason for their call. Calls are not allowed before 8 a.m. or after 9 p.m.

The rules for landlines and mobile phones differ marginally. Telephones:

• Without express written permission, prerecorded calls are unlawful and forbidden.
• Non-telemarketing calls that have been prerecorded are legal.
• Telemarketing calls that are autodialed are legitimate.
• Non-telemarketing calls that are autodialed are valid.

If a customer is on the “do not call” registry and makes two or three autodialed or prerecorded telemarketing calls, the calls are unlawful. Mobile phones:

• Without express written permission, prerecorded calls are unlawful and forbidden.
• Prerecorded non-telemarketing calls are prohibited.
• Autodialed telemarketing calls are prohibited.
• Non-telemarketing calls that are autodialed are unconstitutional.

Consumers should be aware that giving their mobile phone number to a telemarketer for some reason constitutes approval.

The TCPA also prohibits unsolicited faxes. At the bottom of the first tab, advertising faxes must have a lengthy, clear “opt out” note. Any forms of contact are not banned by the TCPA. This contains the following:

• Calls for political action;
• Commercial calls for non-marketing purposes;
• Certain debt collector phone calls made to landlines;
• Calls from tax-exempt, non-profit organizations;
• Requests for debt processing companies;
• Airlines, banks and credit card providers, colleges and hospitals, mail collection, and cellular networks all send out notices and warnings.

These laws apply to all solicitors, auto-dialers, debt collectors, borrowers, and advertisement firms. If they are not, customers have the right to file a lawsuit and might even be paid.

How can we assist?

If you have been receiving pre-recorded or auto-dialed calls from telemarketers, our legal partners will assist you in taking legal action. We may also assist with spam texts and facsimiles, as well as violations by collectors, borrowers, or other solicitors.

Our Partners will assist you with terminating the calls and will also be able to assist you in obtaining payments. If you are a victim of abuse under the TCPA, you have the right to sue for each breach and collect $500 for each phone call, fax, or text message. If the touch in question was a deliberate breach on the part of the solicitor, the fine could be raised to $1,500.