Under the TCPA, each call and text allows you to sue the caller for $500. And, if the caller knowingly violated the TCPA, you can sue for up to $1,500 for each call and text.
Important steps to take when you are being harassed
If a collection agency or debt collector is harassing you, you should gather as much proof as possible. This means saving all letters, keeping records and notes about phone calls, and saving your voicemails. Do not acknowledge your debt or attempt to negotiate. Instead, you should meet with an experienced attorney as soon as possible.
Have you had calls or text messages on your cell phone that you thought might have been important – only to discover that it was from a debt collector or telemarketer?
Annoying, isn’t it?
Fortunately there is a law there to protect you – The Telephone Consumer Protection Act (TCPA). What’s more, you can even sue for financial compensation for each and every unwanted call and text you receive. Of course, you’ll need the right legal advice and representation from a law firm experienced in TCPA law.
The Debt harassment Law Firm of Michael Tierney, P.A. has recovered millions of dollars for consumers with TCPA claims, and may be able to get money for you.
Call us for a free consultation. We can help make the calls stop, and get you the compensation you deserve.
Common example of TCPA violations include calls made without your express permission using an (1) automated dialer or (2) artificial voice or pre-recorded message where:
-A company calls your cell phone asking for another person (in other words, they have called the wrong number, sometimes because another person had the number before you).
-A company you did or are doing business calls your cell phone, for any reason whatsoever, such as to solicit more business or collect a debt.
The TCPA Protects You.
The Telephone Consumer Protection Act (TCPA) was passed in 1991 to protect ordinary people from receiving unwanted calls, such as those from sales reps and telemarketers. However, since then phone technology has changed significantly. There have been many amendments made to the legislation to take account of the shift to mobile devices, IP calls, pre-recorded messages, robo-diallers and Cloud technologies – all of which make it easier for debt collectors, creditors and telemarketers to contact you whenever and wherever you are. More often than not, that means when you don’t want to contacted!
However, under TCPA law, telemarketers, debt collectors and other companies that contact you must reside by a strict code of conduct. In short, no one is allowed to call your cell phone using (1) an automated dialer or (2) artificial or pre-recorded voice messages, unless you have given them express permission. The same thing applies to text messages.
The legislation is complex, but we have a dedicated team working on TCPA cases and a long track record in successfully bringing these types cases to court and winning them, protecting you, your privacy and getting you the compensation you deserve.
If the caller claims that you gave them permission to call your cell phone, you have the right to revoke your permission, and to tell them to stop calling your cell phone. Even if you gave the prior permission in writing, once you tell them to stop calling – even if you do so orally on the phone – any future calls would violate the TCPA.
As for text messages, they can also violate the TCPA. Any text message sent to your cell phone using an automated dialer without your express prior consent permission violates the TCPA, and may entitle you to $500 per text, and up to $1,500, per call.
Trust an experienced Florida attorney to stop the abusive phone calls
If you are being constantly bombarded by abusive phone calls from a debt collector, you have rights. The Debt harassment Law Firm of Michael Tierney, P.A. has recovered thousands of dollars for consumers with TCPA claims, and may be able to get money for you. To schedule a free consultation, call our Winter Park office at 855-740-3328 or contact us online.