Month: July 2015

I found a great AskMeAnything from a lawyer who sues TCPA violators here: TCPA Lawyer AMA
Here’s a snippit from the post:
About the TCPA
The TCPA was a law meant to protect people from unwanted telephone calls and faxes. It provides for an award of $500-$1500 per call. The rules are a little different depending on whether you’re getting calls on your cell phone, landline, VoIP, or if you’re getting junk faxes. See this quick cheatsheet. Basically:
Cell phones: Prerecorded voice and calls (and texts) made using an “automatic dialer” are illegal without consent. For non-telemarketing calls, the consent required can be oral or written, and simply giving your phone number = consent. For telemarketing, consent must be in writing. Political callers and charities are not exempt. This law also includes debt collectors, even for debt you owe, as well as repeated wrong number calls.
Landlines: Prerecorded telemarketing calls are illegal without express written consent.
VoIP: If you pay per minute or per call, treat like cell phones. If pay monthly for unlimited (or free), treat like landline.
Fax: Unsolicited fax advertisement? Illegal. Faxes also need a detailed opt out notice, even if solicited. If not there? Illegal.
CONSENT CAN BE REVOKED.
EDIT TO ADD I forgot the do not call list. If you receive two or more telemarketing calls in a 12-month period to your cell or landline and your cell or landline number is on the do not call list, that’s a separate violation, and potentially an additional $500-$1500 per call (meaning up to $3000 per call).
Of course, not all calls are worth suing about. Many “companies” that continue to call are scammers spoofing their caller ID that will be impossible to track down and recover from. It’s unfortunate. My short hand? Two of the following must be present to be worth investigating further:
the call must be from a live number (when you call it back it connects you with the company that called);
the caller or the person that answers at the number must identify the company;
a live company website.
With that said, happy to answer any questions you may have. I am a daily redditor…