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What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 designed to safeguard consumer privacy and reduce the number of nuisance calls. It sets guidelines for telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes.

Key Features:

  • Telemarketing Restrictions: The TCPA restricts telemarketing calls to certain hours of the day, requires identification by the caller, and mandates that telemarketers maintain a "Do Not Call" list.

  • Consent Requirement: It requires prior express consent from consumers before making auto-dialed or prerecorded calls or sending texts to their phones.

  • Penalties for Violations: Businesses that violate the TCPA can face significant financial penalties, including statutory damages per violation.

Rights Under the TCPA

Under the TCPA, consumers are granted several rights aimed at protecting their privacy and giving them control over the communications they receive. These rights include:

  • Right to Opt-Out: Consumers have the right to opt-out of receiving telemarketing calls and messages. Companies are required to provide an easy and immediate way to do this during each call.

  • Right to Consent: Before receiving any auto-dialed or prerecorded calls or messages, consumers must give their express written consent.

  • Protection Against Harassment: The TCPA limits the number of calls consumers can receive from telemarketers, preventing harassment.

  • Do Not Call Registry: Consumers can add their phone numbers to the National Do Not Call Registry, which telemarketers are required to respect.

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How Gator Can Help

At Gator Law, PC, we focus on protecting the rights of individuals who have been subjected to TCPA violations. Here’s how we can assist:

  • Case Evaluation: We offer free consultations to evaluate potential TCPA violations and advise on the feasibility of legal action.

  • Consumer Education: Our team educates clients on their rights under the TCPA and guides them on how to effectively manage unwanted communications.

  • Legal Representation: If your rights under the TCPA have been violated, Gator Law, PC can provide vigorous legal representation. We work to hold violators accountable and seek compensation for damages, including statutory damages per violation.

If you believe your TCPA rights have been violated, we encourage you to reach out to us for a thorough evaluation of your case and expert legal guidance.

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