North Carolina TCPA Attorney | Raleigh Telephone Consumer Protection Act Lawyer

June 25, 2013

The federal Telephone Consumer Protection Act (TCPA) provides for certain statutory damages in situations where a person has been harassed by unsolicited telephone calls, faxes, or text messages from telemarketers  The statute is found at 47 U.S.C. § 227.  There are multiple sections and ways a telephone solicitor can violate the statute.  For each violation the recipient of the telephone call, fax or text message is entitled to a minimum of $500.00.  When the violation was knowing and willful, the statutory damages can be increased to an amount between $500.00 and $1,500.00.  If you are being harassed by a telephone solicitor, telemarketer, or SMS marketer, contact the Raleigh TCPA lawyers of Maginnis Law at 919.526.0450 or 919.480.8526.  You can also send a confidential message to our TCPA attorneys using our contact page.

Section (b) of the Telephone Consumer Protection Act makes it unlawful to use an automatic telephone dialing system to call any cellular telephone or to “initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party.”  This includes text messages and faxes. In many cases involving telephone dialing systems, including those involving bill collectors, you may receive a number of hang up calls.  “Predictive dialer” systems used by many solicitors and bill collectors work by making a number of calls to various telephone numbers and then connecting the ones where people actually answer to representatives of the caller.  If all the representatives are unavailable, the call will hang up, even if the person answers.  Each time you receive a call and the automatic dialer hangs up, or even if you are ultimately connected to someone, there is a separate violation of the TCPA (assuming there is no “established business relationship”).  So, for instance if there are 100 calls, you may be able to recover $50,000.00 (100 calls x $500.00 per call).  If the violations are “knowing and willful,” the amount can be increased up to $150,000.00 (100 calls x $1,500.00 per call).

Section (c) of the TCPA declares it unlawful to call someone on the National Do Not Call registry without an existing business relationship.  Similar to Section (b), the statutory penalty is per violation, meaning that you can recover the penalty each time you are contacted in violation of Section (c).  With both Section (b) and (c), there is an exception for callers with whom the recipient has an “established business relationship.”

The North Carolina TCPA attorneys of Maginnis Law represent clients throughout the state, including Raleigh, Durham, Cary, Chapel Hill, Greensboro, Winston-Salem, Fayetteville, Charlotte, and Greenville.  We have an attorney admitted in each federal North Carolina district court.  Our firm offers free consultations and accepts TCPA cases against telephone solicitors on a contingency basis, meaning you pay no attorneys’ fees unless and until we obtain a settlement or verdict on your behalf.

If you are or have been harassed in violation of the Telephone Consumer Protection Act, contact the North Carolina TCPA attorneys of Maginnis Law at 919.526.0450 or 919.480.8526.  You may also send a confidential inquiry with the facts of your TCPA case using our contact page.

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