Florida has the unique situation of having multiple pieces of legislation that address abusive phone calls and communication attempts from marketers. While these can be complex and hard to understand due to the exceptions, requirements, and caveats within them, Florida TCPA attorneys from Sharmin & Sharmin P.A. are here to help.
The Legislation Backing You Up
The Telephone Consumer Protection Act (TCPA) was passed in 1991 and was designed to restrict solicitations from marketers using phone calls and texts as a means of reaching potential consumers. Debt collectors and other telemarketers were restricted in what they could and could not do as the US government attempted to protect American consumers. Florida’s own FCCPA (Florida Consumer Collection Practices Act) was later passed to further address concerns with remote marketers on a statewide level, giving attorneys yet another tool at their disposal to address the situation.
Criteria Needed to Meet TCPA Standards and Potential Compensation
The TCPA is important for attorneys across the country for a number of reasons. However the most important is the type of compensation that can be retrieved for illegal phone calls. Under certain circumstances, damages could equate anywhere from $500 to $1,500 per phone call that violated the rules and regulations laid out by the TCPA. With the sheer number of calls Americans oftentimes receive, the available compensation could be a large sum. Yet, certain criteria must be met to file a lawsuit under the TCPA.
The first criterion is the telemarketer must have been calling your cell phone. The reasoning for such a rule is that the callers cannot attempt to reach you on your personal device if you are not willing. Therefore, if the telemarketers have been trying to reach you on a business or home phone, a lawsuit cannot be filed under the TCPA.
The Use of an Auto-Dialer
Another important part of the TCPA is the callers must be using an auto-dialer. Auto-dialers are difficult to define as the definition is quite technical and complex, but the idea is a human cannot have been the one manually making the call to you. Auto-dialers are typically machines and programs that continuously make calls like clockwork and are used to reach people without the need of hiring a bunch of employees to do so.
Express Consent as Is Legally Defined
Consent is an additional requirement that must be met to file under the TCPA. The TCPA demands you have not given your consent to be contacted and called in such a way. Certain examples of express consent, for example, are providing your phone number, telling them they may call you or contact you over the phone or through email, or signing up for a list at a mall or online.
Finally, the purpose of the calls has to be non-emergency. Although there are very few recorded situations in which a credit card company or marketer has needed to contact someone for an emergency, it is technically law that the calls must be non-emergency. An experienced attorney will be able to help their client prove this and more in a court of law.
Sharmin Has What it Takes
All in all, Florida TCPA attorneys from Sharmin & Sharmin are here to give you the help you need. Our experience using the TCPA and FCCPA in Florida courts have given us the tools to handle your case competently and competitively. Give our firm a call at 1-844-Sharmin or reach out to us through our online contact form, where an agent will help schedule a free consultation for you.
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