Living in California, you’ve likely experienced the frustration of unwanted robocalls interrupting your day. These automated calls can be intrusive, disruptive, and even lead to scams.
Fortunately, California residents have rights under both federal and state laws to protect themselves from such harassment. The Telephone Consumer Protection Act (TCPA) is a federal law that restricts unsolicited calls.
If you’re bombarded by unwanted calls, seeking legal help might be a valid option. Experienced California TCPA attorneys understand the nuances of the TCPA and can help you fight back against unwanted calls.
As one of America’s leading consumer protection law firms, Kazerouni Law Group APC has helped consumers get over $1 billion in compensation. In addition to consumer cases, the firm also deals with personal injury law, class action lawsuits, and cases related to Lemon Law.
This article will dive into the TCPA, its purpose, and the specific rights it grants California residents. We’ll also explore how a skilled lawyer can ensure your TCPA rights are protected.
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 to regulate telemarketing calls, automated dialing systems, and prerecorded voice messages. The TCPA applies nationwide and sets limitations on when and how telemarketers can contact consumers.
What is the Purpose of the TCPA?
The TCPA’s primary purpose is to protect consumers from unwanted and intrusive telemarketing calls. It aims to:
- Reduce the number of unsolicited calls: The TCPA restricts the times of day telemarketers can call and requires them to obtain prior written consent before contacting consumers with automated or prerecorded messages.
- Protect consumer privacy: The TCPA safeguards consumer privacy by limiting the ways telemarketers can obtain and use phone numbers.
- Empower consumers: The TCPA empowers consumers with the right to opt out of receiving future calls from a specific telemarketer.
The Rights of the Average Citizen Under the TCPA
Here’s a breakdown of your key rights under the TCPA:
- Prior Consent Required for Robocalls and Pre-Recorded Messages: Telemarketers generally need your prior written consent before contacting you with automated calls or pre-recorded voice messages.
- Restrictions on Calling Times: The TCPA prohibits telemarketers from calling you before 8 a.m. or after 9 p.m. your local time. The TSA goes further, banning unsolicited calls on weekends and holidays.
- Opt-Out Rights: You have the right to tell a telemarketer to stop contacting you. Adding your number to the National Do Not Call Registry helps.
- Cell Phone Protections: The TCPA prohibits telemarketers from calling your cell phone without your prior written consent.
How Can a Lawyer Help Uphold Your TCPA Rights?
If you’re being bombarded by unwanted calls that violate the TCPA, a California TCPA attorney can be invaluable. Here’s how a lawyer can help:
- Understanding Your Rights: A lawyer can explain the intricacies of the TCPA and ensure you understand the full scope of your rights.
- Stopping the Harassment: Your lawyer can send cease and desist letters to telemarketers who continue to contact you in violation of the law. They can also help you report violations to the Federal Trade Commission (FTC) or the California Attorney General’s office.
- Seeking Damages: In some cases, you may be entitled to compensation for the unwanted calls, including emotional distress and attorney’s fees. A lawyer can advise you on your legal options and pursue damages on your behalf.
Protecting Your Peace of Mind
Unwanted calls can be a nuisance, but you don’t have to suffer in silence. By understanding your rights under the TCPA and with the help of a skilled California TCPA attorney, you can take control and stop the harassment. These legal professionals are committed to protecting your privacy and peace of mind.
