Telephone Consumer Protection Act in a Nutshell

TCPA: SPAM CALLS, TEXTS, & FAXES

THE TELEPHONE CONSUMER PROTECTION ACT

If debt collectors or other businesses are calling or texting your cell phone without your permission or consent they may  be violating the Telephone Consumer Protection Act. Each phone call could be worth up to $1,500 in damages. Some companies or collection agencies will call 5 times a day for weeks at a time. The damages can add up quickly. If you are getting texts, calls, or faxes from debt collectors or other businesses, call me immediately and do not delete your call history. I might be able to help you.

CALLS TO YOUR CELL PHONE

Debt collectors and other companies violate the TCPA by calling your cell phone when they:

  1. Call your cell phone and
  2. Use one of the following:
    • A pre-recorded voice,
    • An artificial voice, or
    • An automatic dialing system (ADS)
  3. Without your prior express consent.

TEXTS TO YOUR CELL PHONE

Debt collectors and other companies violate the TCPA by texting your cell phone when they:

  1. Text your cell phone
  2. Through a computer program or some other automated means
  3. Without your express consent.

CALLS TO YOUR LANDLINE PHONE

Debt collectors and other companies violate the TCPA by calling your landline phone when they:

  1. Call your landline telephone for commercial (telemarketing) purposes
  2. Using one of the following:
    • A pre-recorded voice, or
    • An artificial voice
  3. OR any call without your express consent.

JUNK FAXES

Companies violate the TCPA by sending you junk faxes when they:

  1. Send you a commercial fax (usually an advertisement)
  2. At your personal or business fax number (including electronic faxes)
  3. Without:
    • Your express consent; or
    • A prior business relationship.