The Telephone Consumer Protection Act (TCPA) laws were made to protect people like Natalyn Hill from the never-ending harassment that she endured immediately after she went through a quadruple heart bypass surgery. Natalyn Hill also suffered health problems after her surgery, and that is when she fell behind on the payments for her Kia. Unfortunately, while she was trying to recover from her surgery and complications after the surgery, she was unable to recuperate with peace of mind due to the hundreds of unwanted phone calls she received.
What Does the TCPA Law Prohibit?
The TCPA law prohibits the type of harassing behavior that Natalyn Hill endured, even when they are not recovering from major surgery. The TCPA specifically restricts any person or entity in the U.S. from using an automated telephone systems or artificial or prerecorded voice to make any call to a recipient unless the recipient has provided “prior express consent.” Typically, prior express consent means that the consumer provided consent during the transaction that eventually resulted in a debt.
Prior Express Consent
For instance, let’s take the example of purchasing a car, like Natalyn Hill did. When she signed the paperwork during the purchasing process, if she provided the company her cell phone number on the paperwork, the TCPA would consider that to be Hyundai Capital’s prior express consent to call her cell phone using an automated telephone system or artificial or prerecorded voice. However, prior written consent can be withdrawn by a consumer at any time.
Withdrawing Prior Express Consent
All a consumer has to do to withdraw their prior express consent is to verbally request that the company stop calling. However, Natalyn Hill did request that Hyundai Capital stop calling her cell phone and the unwanted phone calls continued. In fact, the only thing that stopped Hyundai Capital from calling her phone around the clock, even on weekends and holidays, was the federal lawsuit that Natalyn Hill eventually filed with the help of her lawyer.
TCPA Violation Consequences
The TCPA specifically states that each illegal phone call can provide for either $500 or $1,500 in statutory damages, depending on whether the company willfully violated TCPA laws or not. This can add up to enormous amounts in fines, especially in cases like Natalyn Hill’s, in which there were hundreds of phone calls. Every phone call that Hyundai Capital made after Natalyn Hill retracted her express consent could be compensated $1,500 if the jury finds they willfully violated the law.
Hyundai Capital Called Thousands of Times
Natalyn Hill is not the only person that has stepped forward claiming that Hyundai Capital violated TCPA laws. Another man from the Bay area says that Hyundai Capital called him thousands of times. He is also pursuing a lawsuit against the company seeking compensation according to the TCPA.
Are You a Victim?
Companies violate the TCPA laws every single day. This kind of harassment can cause severe emotional and psychological issues for people, like Natalyn Hill, who are enduring it. If you are the victim of a company that is violating the TCPA, you can file a complaint online with the Federal Communications Commission (FCC), the federal agency that handles TCPA complaints. You can read details regarding how to complain to the FCC here.
Getting the Damages You Are Entitled To
The FCC does not handle the penalty aspect of TCPA violations, however. If you want to pursue the damages you are entitled to under the TCPA, you will need to hire a successful TCPA lawyer who will fight for your rights. Contact the law offices of Keogh Law LTD today at (866) 726-1092 for a free consultation.