Telephone Consumer Protection Act (TCPA)

Our Telephone Consumer Protection Act (TCPA) attorneys are investigating potential claims arising out of unsolicited phone calls and text messages.

If you have received unwanted phone calls or text messages, you may have a claim for relief. Protect your rights by speaking with a Girard Sharp TCPA attorney by calling the (866) 981-4800 or submitting your information below:

You May Have a Claim. Fill Out the Form Below for a Free Attorney Consultation

Speak to a Lawyer






Investigation of TCPA Violations

The TCPA protects consumers from receiving unsolicited phone calls and messages.  The Act prohibits telemarketers from using automatic dialing systems and prerecorded voices messages to call you without your prior consent.  If you have enrolled in the national do-not-call registry, the Act prohibits telephone solicitors from calling you, unless you provided prior written consent to receive such calls.  

Any person who has received calls or messages that are in violation of the TCPA may be able to file a lawsuit.

Have you received unsolicited telemarketing or debt collection calls to your cell phone or residential landline?

Our attorneys are interested in speaking with you if you:

  • Received “robocalls” on your cell phone without consenting to receive such calls. Robocalls are made using equipment or software that dials phone numbers without human intervention. Signs of robocalls include prerecorded or artificial voices, calls that result in hang-ups, or long periods of silence before a live person comes on the line;
  • Received calls on your residential landline that used an artificial or prerecorded voice, and you did not provide written consent to receive such calls;
  • Received telephone solicitations despite being enrolled in the national do-not-call registry and without consenting to receive such calls;
  • Received telephone solicitations at your residence before 8 a.m. or after 9 p.m.;
  • Received an artificial or prerecorded voice telephone message that did not provide an option for you to opt out of receiving the calls or did not clearly identify the caller; or
  • Told a telemarketer or business to stop calling you but the entity continued to call you;

For each unwanted call that violates the TCPA, you may be able to collect between $500 and $1,500.

Please contact Girard Sharp LLP for a free and confidential case consultation by calling toll-free at (866) 981-4800 or by filling out the form at the top of this page.

Congress Passed the TCPA to Protect Consumers

Congress passed the TCPA in 1991 to protect “the tranquility and privacy of [a person’s home] … [from] intrusive and annoying interruptions.”  The bill’s sponsor, Senator Ernest “Fritz” Hollings, described telemarketing calls as “the scourge of modern civilization. They wake us up in the morning; they interrupt our dinner at night; they force the sick and elderly out of bed; they hound us until we want to rip the telephone right out of the wall … These calls are a nuisance and an invasion of our privacy.”  The TCPA gives consumers the right to sue for any violations of the law involving automatic dialers, unsolicited cell phone calls, prerecorded messages, and do-not-call lists.

More Details Concerning TCPA Violations

Telephone solicitors may not call your residence prior to 8 a.m. or after 9 p.m.  Regardless of whether a solicitor talks to you or leaves a voicemail, he or she must provide an option for you to opt out of the calls.  When answering a call, this option must be given at the beginning of the message, and when leaving voicemails, callers must provide toll-free call-back numbers so you can add your phone number to a do-not-call list.  Any artificial or prerecorded messages delivered by an automatic dialing system must identify the caller at the beginning of the message.  

Billions of Robocalls Every Month

Robocalls are phone calls that use a computerized autodialer to deliver a pre-recorded message.  Billions of robocalls are placed each month affecting hundreds of millions of consumers. 

The types of entities who may be sued under the TCPA include:

  1. telemarketers
  2. debt collectors
  3. credit card companies
  4. student loan companies
  5. mortgage companies
  6. check-cashing companies
  7. banks
  8. retailers
  9. anyone calling to advise that you may have won a prize like a free cruise or sweepstakes.

Stop Robotexts.

Robotexts are texts messages sent from an automatic dialing system to your cell phone. Have you received unwanted texts?

Subject to a few specific exceptions, the TCPA prohibits these auto-dialed text messages…

Unless…

you provided prior express consent to receive such messages.  And even if you consented to receive the messages, you can always revoke that consent.

Unwanted text messages?  Spam texts? Do you want these texts to stop? Speak to a Robotext Lawyer. FREE. You can fill out the form or call toll-free (866) 981-4800.

How to Document Evidence of Potential TCPA Violations

We recommend that you take the following steps to document evidence of potential TCPA violations:

  • When you receive incoming calls, you should always request the caller’s name and contact information in order to maintain a written record of the call. We suggest that you write down the date and time of the call as well as a brief description of the conversation that took place or the pre-recorded message.
  • If you received unwanted calls or messages on your cell phone, please save the call logs, text messages, and your cell phone bills.
  • If you received an unauthorized text message, please save a screenshot and send it to us. You can upload it by completing our online survey here.
  • Please save voicemails that you believe came from auto dialers or telemarketers.
  • If you ever sent a letter, text or email to stop receiving calls or texts, please keep a copy for us to review.

Our Commitment to Excellence

Girard Sharp has earned national Tier 1 rankings for Mass Tort and Class Action Litigation and has been named to the U.S. News – Best Lawyers “Best Law Firms” list each year since 2013. Read about some of our results.

We have recovered over a billion dollars for our clients against the world’s largest corporations in cases concerning false advertising and unfair business practices,  data breaches, and defective product cases against some of the largest tech companies, including, Apple, Google, LG, Yahoo, and Motorola.

For a free consultation about your potential claims, contact one of our TCPA attorneys by filling out the form or calling toll-free 1-866-981-4800.

Main Menu