The Telephone Consumer Protection Act
So many things in the world could feel annoying and frustrating, amongst them harassing calls and unwanted calls. Harassing calls are calls that are made by people unknown to you and they keep calling for reasons that are out of your knowledge. The callers are people that you know or you can relate to for instance creditors or debt collection agencies. The Telephone Consumer Protection Act give you options in dealing with these creditors.
Creditors will do everything possible to make sure their due debt is paid in full, the call their debtors as ,many times as they can in a day, they can also extend this uncouth behavior to odd hours such as during the night or early in the morning. Some creditors opt to sell their debt to debt collection agencies who in turn claim the debt from the debtors, collecting debts being the sole objective and business for these agencies, they make sure they do their job quite well and the only way they know best is by harassing the debtor by all manners of phone calls.
In some cases the debtor being pursued may have moved from the premises he initially operated from in time of engaging the creditor in the contract, this means that the creditor maintained the phone number as the debtors line. When the creditor needs to claim his debt the number he reaches out is the initial number in their contract agreement, the premises maybe occupied by new tenants who in most cases have nothing to do with the debt or even the debtor in question. The creditors in most cases will not understand that the person on the other end of the line is not the debtor and they will keep calling regardless of how many times you offer an explanation that you are not the person they are looking for.
Your Rights Under the Telephone Consumer Protection Act
Unwanted calls are the calls you get from telemarketers who are advertising their product via the telephone platform. These calls may be so annoying since the marketers have no limit as to when they call you they can gladly calls you any time of the day or night. Following numerous concerns by the consumers over the alarming raise in cases of harassing calls and unwanted calls from telemarketers, the congress of 1991 passed the Telephone Consumer Protection Act (1991) to protect the consumers from receiving calls from harassing creditors and collection agencies.
The Telephone Consumer Protection Act was enacted by the congress in the year 1991 protecting consumers from abuse by telemarketers. The act that was adopted by the federal communication commission and provides that: Solicitors should not call residences before 8 am and past 9 pm local time, the solicitor company must have and maintain a company specific Do-Not-call list of consumers who made a request not to be called; the DNC list must be fully honored for a full five year period, the solicitors honor the National Don-Not-Call registry, solicitor must provide names and addresses of persons and or entities that they are calling on behalf of, solicitors should not use artificial or recorded voice, soliciting phone calls made using automated telephone machine or better known as robocalls should not be made to emergency numbers such as health institutions, the designated 911 emergency number, elderly room, cellular phone or any service that the recipient is charged for, autodialed calls that engage more than two lines of a multiline business, all soliciting faxes are prohibited, in case any of the above is violated the subscriber is allowed by law to sue for up to $1500 for each violation or they may decide to sue for the recovery of the actual loss in terms of money depending on which is higher.
When the congress first passed the Telephone Consumer Protection Act in 1991 the Do-Not-call rules were delegated to the Federal Communications commission and suggested that the Do-Not-call regulations required the establishment of a single national database. The FCC was reluctant to adopt this idea and rather it required that each soliciting company to have and maintain an own Do-Not-Call list database. This meant that the consumer had to register and make a request to each and every telemarketer, this was difficult for the consumers to do, and thus it made the FCC’s initial list ineffective in stopping soliciting calls.
To aid in the improvement of the company specific Do-Not-Call registry, the Federal Trade Commission established the first National Do-Not-Call registry and also played a major role in implementing regulations that prohibits commercial telemarketers from using unsolicited calls to persons registered in the national list. The telemarketing industry felt the advance effects of the Telephone Consumer Protection Act and filed a case in court arguing that they were being unfairly discriminated from the freedom of speech, their argument was based on that politicians and charities use a similar platform and no such cartel rules are imposed on them. This suit challenging Telephone Consumer Protection Act prompted the congress to honor the National Do-Not-Call Registry with a congressional ratification with enactment of the Do-Not-Call implementation Act. An extension of the enactment demanded that Telephone Consumer Protection Act apply explicitly to even calls and faxes originating from outside the United States.
The state of the current act requires that once a consumer is registered to any of the Do-Not-Call lists the telemarketers must honor the request for up to five years after which the consumer is no longer protected, but with recent proposed amendments requires that once registered the term of registration should be indefinite, this reduces the inconvenience of the customers having to re-register.
For consumers who have had sleepless nights and frustrating days as a result of unwanted or harassing calls and may wish to report these incidences and establish a case against the callers, a Harassing Phone Call Attorney can help. Records of all traced calls are only released to law enforcement agencies not to the individual who requested for the trace.
You have rights under the Telephone Consumer Protection Act. If you feel they have been violated, you may be eligible to receive compensation from the company that is harassing you. Contact us today for more information on a TCPA lawsuit.