TCPA Attorney Pennsylvania

BCJ Law helps consumers harassed by telemarketers, robocalls, spam texts, and junk faxes. We take TCPA cases on a contingent fee basis and don’t get paid unless you do. To get a free case review from BCJ Law’s TCPA attorney, please complete our contact form or call 1-800-997-5561.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law that prohibits certain types of calls, texts, and faxes. The Federal Communications Commission (FCC) implements the TCPA and issues regulations under the law.

The TCPA was passed in 1991, and it was intended to ensure that individuals were not bothered by unwanted calls, texts, and faxes. However, despite the TCPA’s enactment almost 30 years ago, unwanted calls are a big problem. For example, the FCC got approximately 7.2 million complaints about do-not-call violations in 2017. With regard to Pennsylvania, there were approximately 271,000 complaints over that same time period.

What calls are prohibited to landlines?

The TCPA specifically regulates telemarketing calls to landline phone numbers. To be unlawful, these calls must have the following attributes:

  • They must be made without consent; and
  • They must be made using an automated telephone dialing system; or
  • They must be made using a prerecorded or artificial voice; or
  • They must be made to a number on the do-no-call registry.

Telemarketing calls include the following:

  • Sales calls.
  • Lending solicitations.
  • Debt refinance calls.
  • Debt reduction calls.
  • Debt relief calls.
  • Debt elimination calls.
  • Debt management calls.
  • Debt consolidation calls.
  • Vacation calls.
  • Timeshare calls.
  • Warranty calls.
  • Lottery calls.
  • Prize calls.
  • Financial solicitations.
  • Utilities solicitations.
  • Energy solicitations.
  • Insurance solicitations.
  • Home security calls.

What calls are prohibited to cellphones?

The TCPA regulates most types of calls made to cellphones. To be unlawful these calls must have the following attributes:

  • They must be made without consent; and
  • They must be made using an automated telephone dialing system; or
  • They must be made using a prerecorded or artificial voice; or
  • They must contain a telemarketing message and be made to a number on the do-no-call registry.

That said, there are exceptions for emergency calls, some types of calls containing health care and financial information, and some types of calls made by non-profits. Some examples of calls that are prohibited to cellphones, but not prohibited to landline numbers include:

  • Debt collection calls.
  • Certain financial services calls.
  • Certain medical services calls.
  • Certain health services calls.
  • Political polling calls.

When are junk faxes unlawful?

The TCPA specifically regulates fax advertisements. To be unlawful faxes must have the following attributes:

  • They must be without express invitation or permission; and
  • There is no prior express business relationship; or
  • If there is a prior express business relationship, the sender failed to include a proper opt-out notice on the fax transmission.

Faxes constitute as advertisements as long as they introduce some type of message advertising the availability of goods or services.

What can I get for TCPA violations?

You can get between $500 to $1500 per unlawful call, text, or fax. If your number is on the do-not-call registry, you can get an additional $500 to $1500 per unlawful call, text, or fax, depending on the circumstances. Finally, you can get injunctive and declaratory relief to prohibit future unlawful calls, texts, or faxes.

Hire BCJ Law to help!

If you’re getting harassed by telemarketers, robocalls, spam texts, or junk faxes, contact BCJ Law for help. To get a free case review from our TCPA attorney, call us at 1-800-997-5561 or complete our contact form.

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