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Understanding the Telephone and Consumer Protection Act

Telephone Consumer Protection Act

Collection Abuse Using Cell Phones

Over the past two decades or so, the use of cell phones has boomed. Today, most individuals don't even have a landline anymore. Along with the growing number of cell phones across the nation, the United States has seen a growing rate of creditor harassment using consumer's cell phones. The federal government has since passed the 1991 Telephone Consumer Protection Act (TCPA) in response to the growing number of unsolicited phone marketing calls to home and cell phones, especially those using automated and pre-recorded messages.

The TCPA is found in 47 USC § 227 and states that it is unlawful to contact a consumer on their cell phone or home phone using an automated dialing system or prerecorded voice without the consumer's prior and express consent. "Express consent" can include putting a certain phone number down as your contact number when you apply for credit or a loan. However, if a credit agency calls your phone using an auto-dial system and you never gave them permission to contact you at that number, you may be able to file a claim against them for abuse. They must also state their name, the name of the person or entity for whom they are contacting you, and provide a phone number or address to contact them.

Penalties for TCPA Violations

With the help of a Pennsylvania debt collection defense attorney, you could file a civil suit against a collection agency to recover any damages caused by abuse of your cell phone. You could recover damages or $500 (whichever is greater) per call, or even up to $1,500 according to the discretion of the court. Call Michael P. Forbes, PC to learn more.

Contact a TCPA Lawyer in Pennsylvania

If you are being abused by a harassing creditor, find out what damages you can recover through a TPCA claim. My firm has handled countless debt collection abuse cases over the past 25+ years and can obtain the results you need.

Creditor harassment and other abusive acts violate your consumer rights, so contact my offices today if you need legal representation in Pennsylvania. My firm offers a free case evaluation to help you get started.

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