Telephone Consumer Protection Act (TCPA)
TCPA Law – Not Just Telemarketers and Debt Collectors
Back in 1991, when the Telephone Consumer Protection Act was first enacted, the main goal of the law was to protect consumers from unwanted, unsolicited, and even harassing phone calls and faxes from debt collectors and telemarketers. Since then, the law has been interpreted to encompass more modern communication methods, such as SMS messages TCPA…
Read MoreThe TCPA Is Constitutional
Dozens of courts have already found the Telephone Consumer Protection Act (TCPA) to be constituional. However, a unlikely group of politicions are again challenging the TCPA because they want to send you additional political robocalls. The Tea Party Republicans and the Democrats have unified to fight on the same side on May Friday the 13th.…
Read MoreDoes an Unaccepted Offer of Full Relief Render Class Action Moot?
The Campbell-Ewald Company, a marketing consultant, was hired by the U.S. Navy to help with a recruiting campaign. Another company, Mindmatics, was used to compile a list of targeted phone numbers and send out the text messages for the recruiting campaign. On May 11, 2006, Jose Gomez received one of those messages, leading to a Telephone…
Read MoreHistory of the TCPA
Congress passed the Telephone Consumer Protection Act in 1991 in direct response to “[v]oluminous consumer complaints about abuses of telephone technology—for example, computerized calls dispatched to private homes.” Yet the complaints are still coming. Robocalls are very inexpensive to make. Both legitimate callers and bad actors can discharge tens of millions of robocalls over the…
Read MoreWhat Rights Do I Retain Under the TCPA?
The Telephone Consumer Protection Act (TCPA) laws protect consumers from specific types of telemarketing communications from debt collection companies, including credit card companies, and other agencies collecting consumer debts. Unless you have given a prior written consent for telemarketing calls or provided your number to a creditor, you have the right not to receive the…
Read MoreText Message Solicitation: The Case of Club Texting
The Telephone Consumer Protection Act of 1991 restricts telephone solicitations (i.e. telemarketing). The TCPA prohibits solicitors from, among other things, sending unsolicited faxes as well. In the event of a violation of the TCPA, a subscriber may sue for up to $1,500. In addition, the subscriber may seek an injunction. A 2009 ruling held that…
Read MoreDo You Know Your Telephone Service Provider?
What is Slamming? “Slamming” is the illegal practice of switching a consumer’s traditional wireline telephone company for local or long distance service without permission. Most people have heard satires of the common telemarketing scheme: “Are you satisfied with your long-distance phone provider?” This seemingly comical reference comes from the prevalence of slamming after the deregulation…
Read MoreWhat Type Of Protection Does The Bureau Of Consumer Protection Provide?
The Bureau of Consumer Protection is operated by the Federal Trade Commission (FTC). The bureau is an independent agency that works to stop fraudulent, unfair and deceptive business practices. It is imperative that consumer rights are protected. Government agencies like the bureau work alongside qualified consumer rights lawyers to make that happen. Collects Complaints and…
Read MoreAre The Days Of Online Fantasy Sports Over?
Recently, a New York State Judge ordered all online fantasy sports sites to stop taking “entry fees” from New York state consumers. This was widely observed as a big hit for the industry, while New York is not the first state to make this move, it is by far the largest and most impactful. Draftkings…
Read MoreSafe Online Shopping Tips To Follow This Holiday Season
Every year a greater number of Americans do their holiday shopping online. Business analysts expect around 70 billion dollars to be spent online this season, this is a 14 percent increase from 2014. The growth is not surprising as online shopping is very convenient, especially at such a busy time of year. But that convenience…
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