Columbus TCPA Claims Lawyer
The Telephone Consumer Protection Act (TCPA) is a federal law that regulates the way telephone solicitation occurs. It has been in existence since 1991, and it governs how telemarketers are allowed to engage with consumers. Anytime a telephone solicitation occurs, it is regulated by the TCPA. If a business or entity fails to comply with the TCPA, it can face serious penalties, and a consumer also may be able to seek compensation. Contact our Ohio TCPA claims lawyer to get started on your case.
Understanding the TCPA in Columbus, Ohio
The TCPA governs nearly all types of telephone-based solicitations in the United States, including throughout Ohio. What this means is that any business or individual that engages in solicitations through the telephone is required to comply with the TCPA, including when making telephone voice calls, sending text messages, sending fees, and any other solicitation.
What is a telephone solicitation? The TCPA defines a telephone solicitation as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” The TCPA does not cover communications that have been made to a person with prior permission or by invitation, to any person already engaged in a business relationship with the caller, or calls made by tax-exempt nonprofit organizations.
Requirements Under the TCPA
The TCPA has specific requirements for any person or entity engaged in telephone solicitation, including the following:
- Consumers can only be contacted between the hours of 8 a.m. and 9 p.m.;
- Telephone solicitations cannot be made through autodialing or texts to consumer cell phones where the consumer could be charged for the solicitation call or text and has not consented to it;
- Unless a consumer has given prior written consent, robocalls are prohibited (meaning calls that use a pre-recorded or artificial voice to make marketing calls);
- Phone numbers that are on the “Do Not Call” registry cannot be called;
- Individuals or entities engaged in telephone solicitations must keep a separate “Do Not Call” list of any consumers that have requested they not be called or texted; and
- Person or entity engaged in telephone solicitation is required to provide their name, contact information, and the company they are calling for.
Reporting TCPA Violations and Filing a Claim
Consumers who have experienced TCPA violations may be able to file a claim. The TCPA allows consumers to file civil lawsuits in order to seek compensation. For an individual TCPA violation, a consumer can receive damages of $500 for each violation, and intentional or willful violations can result in a consumer recovering up to $1,500 for each violation. Consumers also may be able to file or join class actions related to TCPA violations.
Contact Kohl & Cook Law Firm
If you have received texts or robo-calls that you believe are in violation of the TCPA, you could be eligible to file a claim. Our firm is committed to serving consumers in Columbus, and we can speak with you about your case. Contact our experienced Columbus TCPA claims lawyer today.