The Telephone Consumer Protection Act (TCPA) allows the Federal Communications Commission (FCC) to helps consumers stop unwanted telephone calls and text messages. It is important to note that rules differ between landline and wireless phones. While FCC rules limit many types of robocalls, some robocalls are allowable if consumers grant prior consent to the caller.
Robocalls include unsolicited prerecorded telemarketing calls to landline home telephones and all auto-dialed or prerecorded calls or text messages to wireless numbers, emergency numbers, and even patient rooms at health care facilities.
Although the TCPA prohibits calls or texts to cell phones without the prior express consent of the called party, a call is exempt from the TCPA if the call:
- Is made on behalf of a tax-exempt nonprofit organization.
- Is not made for a commercial purpose.
- Does not include an unsolicited advertisement, even if it is made for a commercial purpose.
The TCPA mandates that individuals must provide express consent to receive certain types of calls. Also, consumers have the right to inform these companies, even if a debt collector, to cease from calling. The Act allows consumers a statutory remedy to recover between $500 and $1,500 from an offending party for each unwanted call.
The FCC recognizes that certain situations allow for exemption under the TCPA (the "Act"). The Federal Government is exempt under the TCPA. Financial institution calls relevant to the security of a subscriber’s account are exempt under the Act. Also, Health care providers may call consumers regarding appointments, test results, and medication status.
Utilities regarding service issues, emergencies, outages, etc., and schools regarding weather closures, fire, health risks, threats, and unexcused absences may call consumers without incurring liability under the TCPA.At Loan Lawyers, our South Florida consumer rights and debt defense attorneys help individuals with financial problems that cause hardship. The experienced South Florida defense attorneys at Loan Lawyers are here to explain and review your potential solutions for reorganizing and repaying debts. To schedule a free consultation at any of our three conveniently located offices, contact Loan Lawyers today by calling (888) FIGHT-13 (344-4813).