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Telephone Consumer Protective Act (TCPA)

The Telephone Consumer Protection Act, or “TCPA,” prohibits anyone from calling or texting you using an automated dialing system, unless they had your prior permission. TCPA lawsuits often result when companies won’t stop sending harassing calls or texts to consumers. If you have received unsolicited telemarketing calls or texts, call us at Moore Kuehn for a free consultation to be compensated to the full extent allowed by the law.

Why Choose Us?

  • With over 20 years of legal experience, the attorneys at Moore Kuehn have never lost a case and will always put your needs first.
  • Our Connecticut attorneys have experience on the prosecution and defense sides of lawsuits, and therefore have unique insights into how the other side will defend their client.
  • You will always have direct access to your attorney.
  • We offer a free of charge consultation on your case and never charge a fee unless we win your case.

Why You Need an Attorney

The TCPA allows anyone that has received illegal unsolicited calls or texts the right to compensation for each and every call or text. Generally, lawsuits brought under the TCPA are class actions, meaning that one person represents an entire class of people that have been wronged in the same or substantially similar manner. Other federal laws come into play depending on the type of unsolicited communication, such as the CAN-SPAM Act and the Junk Fax Prevention Act.

Our experienced Connecticut attorneys at Moore Kuehn are familiar with the federal laws and proper procedures for bringing a successful class action lawsuit against solicitors that violate the TCPA.

What is the Telephone Consumer Protection Act (TCPA)?

The Telephone Consumer Protection Act was signed into law in 1991. This federal law restricts telephone solicitations and automated telephone calls. The TCPA limits calls using a prerecorded or synthetic voice to residences. Additionally, unless you have given your express prior consent, debt collectors, telemarketers, and salespeople, in general, cannot:

  • Send unsolicited advertisements to your fax machine
  • Use an automatic telephone dialing system that ties up more than one business line
  • Call your residence before 8 a.m. or after 9 p.m.
  • Refuse to provide you with their name, business name or entity on whose behalf the calls are being made, and contact information (including telephone number and address)

The TCPA also requires business or solicitors to maintain a “do-not-call” list of customers or consumers that have asked to not be called. The law also requires solicitors to honor the Federal Trade Commission’s National Do Not Call Registry.

Your Rights Under the TCPA

The TCPA allows legal action against anyone that violates the law. A consumer can recover:

  • $500 for each violation of the TCPA, or actual monetary loss, whichever is greater
  • A court order prohibiting the offending calls, text messages or faxes
  • $1500 for each call if proven that the solicitor was in knowing and willing violation of the TCPA

Documenting TCPA Violations

If you believe you are receiving calls, including text messages, or faxes that are in violation of the TCPA, make sure to document each instance as follows:

  • Make a written record of the calls you are receiving, including the date and time of the call, who calls and where they are calling from, and what was said on the call
  • Save phone records showing any calls coming in from telemarketers, robocalls, and debt collectors, etc.
  • Save voice messages from callers violating the TCPA
  • Save faxes from solicitors violating the TCPA

Get Help Today from Moore Kuehn

If you have received unsolicited communication from a telemarketer or others, contact the experienced attorneys at Moore Kuehn for a free case evaluation. For violations of the TCPA, our litigators can help you pursue the maximum compensation for the violations.

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