Telephone Consumer Protection Act Lawyers

What is the Telephone Consumer Protection Act?

The TCPA (Telephone Consumer Protection Act of 1991), restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone equipment. The TCPA limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines.

Solicitation calls consist of telemarketers calling residence and business phone numbers using automated recording systems and live persons in real time on the phone. Not all telemarketing and soliciting companies abide by the rules, but are subtle about it, and many times, people don't even realize they have been victim of TCPA violations.

Types of Telephone Consumer Protection Act Violations

1. Prohibited Acts

According to Wiki, unless you have given the telemarketer prior consent, the Telephone Consumer Protection Act and Federal Communications Commission (FCC) rules under the TCPA generally prohibits or requires the following:

• Prohibits solicitation calls to residences before 8am or after 9pm
• Must keep company-specific "Do-Not-Call" list or DNC, and must be honored for 5 years
• Must honor National Do Not Call Registry
• Solicitors must provide their name, the name of the person or entity for who the call is being made for and a telephone number or address where the person or entity may be contacted
• Prohibits the use of artificial voices or recorded messages for solicitation calls to residences
• Prohibits any call made using automated telephone equipment or an artificial or prerecorded voice to an emergency line ("911"), a hospital emergency number, a physician's office, a hospital/health care facility/elderly room, a cellular telephone, or any service for which the recipient is charged for the call
• Prohibits auto dialed calls that engage two or more lines of a multi-line business.
• Prohibits unsolicited advertising faxes.
• In the event of a violation of the TCPA, a subscriber may (1) sue for up to $500 for each violation or recover actual monetary loss, whichever is greater, (2) seek an injunction, or (3) both
• In the event of a willful violation of the TCPA, a subscriber may sue for up to three time the damages, i.e. $1,500, for each violation

2. Top 15 Most Common Telemarketing Scams

If you've ever received a call that sounds similar to any of the listed types below, it's not uncommon.

Here is a list of the Top 15 Most Common Telemarketing Scams:

1. Counterfeit checks from phony lottery & sweepstakes companies
2. Payment processor or “money mule” scam
3. “Grandma/grandpa, it's me!”
4. Guaranteed government grants
5. Sweetheart scams (INTERNET and telephone)
6. Advance fee loan scams
7. Credit card or identity theft insurance
8. Secret shopper scam
9. Utility company cut-off scam
10. Check processing & check overpayment scams
11. Overseas money transfers (Nigerian scams)
12. "Your distant relative has died in our country"
13. Predatory mortgage lending
14. Sound-alike charities and law enforcement groups
15. Other alarming messages from the bank (phishing and vishing scams)

To find a detailed summary for each of these tele-scams, visit ncdoj.gov.

If you have been the victim of any of the scams listed above, contact the Telephone Consumer Protection Lawyersof Bisnar Chase. You could be entitled to compensation.

3. Large Corporations Breaking the Law Using Telemarketing

Over the last decade, companies have been consistently abusing the rules and laws intended to govern telemarketing boundaries, and the awareness is beginning to multiply throughout society.

The following is a list of corporate giants that have allegedly broken and abused the TCPA, and have settled these claims instead of face hundreds of millions of dollars in exposure:

• Capital One for $75 Million
• JPMorgan Chase for $34 Million
• AT&T for $45 Million
• MetLife for $23 Million
• Bank of America for $32 Million
• Papa John's Pizza for $16 Million
• Walgreen's Pharmacy for $11 Million

Telemarketing is a Problem

According to the U.S. Small Business Administration, Telemarketing is regulated at the federal level by two statutes: the Telephone Consumer Protection Act of 1991 (TCPA) and the Telemarketing Sales Rule (TSR).

The Federal Communications Commission (FCC) derives its regulatory authority from TCPA, while the Federal Trade Commission (FTC) is responsible for enforcing TSR.

The biggest problem is the enforcement of telemarketers and how they abide by the laws and guidelines set to ensure the safety and prohibit harassment of any kind.

Our highly experienced Telephone Consumer Protection Act Lawyers can decide if you have a case over the phone during our Free and Confidential Consultation.

Overwhelming Statistics on Telephone Marketing Strategies and Techniques

Everyone is persistently provoked by bothersome telemarketers, especially around dinner time or when we are relaxing before bed, but the numbers of complaints and reports that are received every day is astounding.

Many Lawyers will reject person after person who complain about being harassed and tormented by persistent telemarketers, scam artists and thieves, but in order to fight these types of cases you need an aggressive and highly skilled attorney, like the team at Bisnar Chase.

• TCPA complaints are the largest category of informal complaints received by the FCC (Federal Communications Commission), averaging over 10,000 complaints every month.
• The Federal Trade Commission (FTC) reports an average of about 63,000 complaints of illegal robocalls. By the end of the 4th quarter complaints can spike to over 200,000.

How Do Call Centers Work?

Telemarketing centers, call centers, inside marketing or telesales is a method of direct marketing, where salespeople obtain leads or lists of potential customers and solicit products and or services, usually pushed by companies and businesses paying for the telemarketers services.

Although this can often be a great channel of advertising and marketing, it can lead to very upset individuals, a bad reputation for the company and product or service, and can many times lead to a lawsuit, where the plaintiff is compensated.

If you have experienced an aggressive, abusive or otherwise unsettling sales call, contact us at 800-561-4887, and receive a Complimentary Consultation today.

Know When You're Being Played

Often times when you receive a phone call from an unfamiliar number, you don't usually know what to expect.

Sometimes it could be a serious family emergency, bill collectors, a wrong number, even a local carpet cleaning company trying to win your business.

But when it sounds too good or too scary to be true, it usually is. Getting a call saying you've won a private lottery, or that you own $5,000 for an outstanding car payment or house mortgage are red flags.

Many of these tricks and scams used by telephone marketers are usually aimed at vulnerable and susceptible elderly individuals.

Aggressive and Inappropriate Telemarketers

There is an unacceptable amount of telemarketers that are hostile and harassing. Many times the phone call can be unsettling, disturbing, threatening and violating. You should not have to endure endless phone calls of unpleasant and discomforting qualities.

A telephone marketer's job is to sell products and services through the phone, and has a very high rejection rate. Over time, telemarketers can become frustrated by not making any sells and can become hostile. It can also be in result of an inexperienced telemarketer that has not learned how to deal with rejection, does not like or care for their job, or many other reasons.

There is never an acceptable justification for telemarketers to be disrespectful, impolite, threatening ormischievous, and if encountered should be reported and held accountable.

4. Let Our Skilled and Assertive Attorneys Represent You

The distinguishing quality of our Telephone Consumer Protection Act Lawyers have a prestigious reputation in the courtroom and have been helping victims and their families for over 39 Years. Bisnar Chase has won over $500 Million for our deserving clients and have established a 96% Success Rate.

If you have been the victim of an aggressive, hostile or inappropriate phone call associated to telemarketing, call 800-561-4887 and receive a Free Case Evaluation.