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Spammers and debt collectors attack cell phones with robotic calls and unwanted text messages. Taking advantage of less sophisticated consumers and the elderly in particular, these unwanted calls deplete the monthly text message and call minute allotment you have already paid for. Under the Telephone Consumer Protection Act (TCPA), certain unsolicited calls to cell phones are illegal. Civilians have the right to sue telemarketers and spammers who have violated the TCPA and may recover between $500 to $1,500 per violation.

What is the TCPA?

The TCPA prohibits individuals, retailers, and marketers from soliciting your cell phone without express written consent. To comply with all do-not-call requests made directly to the caller over the phone. Additionally, the Federal Communications Commission (FCC) adopted rules which ban the use of autodialers and robotic callers. Specifically:

  • Advertising. coupons, or other marketing materials cannot be sent via text message without your express written consent to receive such messages.
  • telemarketing are prohibited from using artificial voices or recordings to residences and cell phones
  • all unsolicited advertising faxes are prohibited
Debt collectors, banks, telemarketers, and energy resellers are the most common TCPA violators. If you receive spam voicemails, save them and have them reviewed by an attorney for potential violations of the TCPA and other laws. If you begin to receive prerecorded calls, calls made from an auto-dialer, or unsolicited text messages, keep a log of the calls and texts and request your records from your wireless service provider. 

Quick links: Request records from VerizonAT&TSprintT-Mobile.

Take Action: Report a TCPA Violation

 To learn more about the TCPA or report a violation, get in touch with our attorneys.