Are you a Florida resident receiving those spammy calls that just don’t stop? Well, you are not alone. What most people don’t know is that the Telephone Consumer Protection Act (TCPA), enforced by the Florida Telephone Solicitation Act (FTSA), prohibits unsolicited calls.
These calls are illegal and the TCPA is designed to protect consumers from aggressive marketers. Here is how a Florida TCPA violations lawyer can assist you in taking action and getting compensated while at it.
Your Rights Under TCPA
The TCPA is a federal law that was enacted in 1991 and is still actively operational. The aim of the law was to prevent unwanted calls and texts, especially those from automated machines. Under this law, marketers must follow strict guidelines:
- No calls to numbers on the Do Not Call Registry unless under very special conditions. Companies are obligated to honor this request.
- Companies must have express written consent to send promotional text messages, especially robocalls.
Florida has its own mini-TCPA, which is more strict. In this, marketers can only call between 8 a.m. and 8 p.m., and texts are limited to only 3 within 24 hours. If a company violates these rules, you may be awarded up to $1,500 per violation.
How a TCPA Lawyer Can Help
A TCPA lawyer is anyone who specializes in dealing with cases against telemarketing companies that violate Florida laws. They can help you by doing the following:
1. Determine Whether Your Rights Have Been Violated
An attorney will assess the calls and texts you have received and check if they violate any TCPA and Florida laws. Many companies try to bypass these regulations but an attorney can easily spot the tricks and gaps in between.
2. Collect Evidence For Your Case
To build a strong case, you need to have proof. This could be in the form of call logs with dates and time stamps or screenshots. Having a recording can really work in your favor. Another piece of evidence is proof that your number is in the Do Not Call registry.
Your attorney will organize these records and present them.
3. File A Complaint
If a company is found to have indeed violated the TCPA, they can officially file a complaint and a lawsuit against the company. After that, they negotiate the settlement on your behalf. According to TCPA, the statutory damage per violation is $500. As mentioned earlier, this number can go up to around %1,500 if the violation is proved to be intentional, such as if the company knowingly ignored TCPA.
What to Do If You Are Getting Spam Calls
If you are constantly dealing with spam calls and texts in Florida, do the following:
- Register your number in the National Do Not Call Registry.
- Keep a record of all unwanted calls and texts.
- Report any violations to the FTC after your number has been in the registry for 31 days.
- Contact a TCPA lawyer if the calls still continue.
Conclusion
If you thought spam calls were just annoying, then it’s time to think again. With the right TCPA lawyer, you can even get compensation for these unwanted calls. Therefore, take the right steps and contact an attorney to hold companies accountable.
