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Say Hello to the “TCPA”

The Telephone Consumer Protection Act (TCPA) prohibits computer-generated telemarketing calls and texts made without prior express consent of the consumer. See 47 U.S.C. § 227(b)(1)(A).

The Federal Communications Commission found that automated calls and texts are a greater nuisance and invasion of privacy than live phone calls, and that dealing with such calls and texts can be both inconvenient as well as costly given that wireless customers are often charged for incoming texts. See 2008 TCPA Order, 23 F.C.C.R. at 559, 24-25

“Express consent” means written consent that contains a “clear and conspicuous disclosure” by the retailer that the consumer is agreeing to receive telemarketing calls “using an automatic telephone dialing system” and that the consumer is not required to consent to such calls as a condition to making a purchase. See 47 C.F.R.§ 64.1200(f)(8).

If you have received unauthorized texts or computer-generated calls on your cell phone, then you may be entitled to recover $1,500 for each call or text.

Please contact The Simring Law Group for a no-cost consultation.


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