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TCPA Violations


TPCA, also known as the Telephone Consumer Protection Act, is a piece of legislation that has historically been overlooked by the public. This is a helpful tool for people hoping to avoid being called by random telemarketers and scammers on a routine basis. This legislation especially protects vulnerable populations such as the elderly, who may be more at risk from falling into the traps of those attempting to gather information over the phone. To learn more about the TPCA and what a Florida TPCA attorney can do for you, please reach out to a representative from Sharmin & Sharmin P.A. today.

So… What Is the TPCA?

The TPCA was enacted in 1991 to protect citizens from callers that harassed or annoyed them by barraging them with calls on a constant basis. Its efforts are aimed at restricting telemarketers and scammers from using a variety of strategies to get money from those they are calling. This includes automated telephone equipment, automatic dialing systems, and the use of communication means that are not approved by the person on the receiving end. They are additionally restricted by the times in which they can call people’s phones and their ability to reach them without their consent. They furthermore are unable to withhold information about their identity if asked by the person they are calling. Violating any of these restrictions may lead to a TPCA lawsuit.

Florida’s Version of the Popular Telemarketer Bill 

Another critical development for Florida residents concerns the SB 1120 bill. In media and news outlets, this is commonly referred to as Florida’s own “mini TCPA”, which was enacted in the summer of 2021. According to this bill, violators can be charged up to $1,500 for each willful violation of restrictions laid out by the bill. Doing so may even lead to the restriction from calling a Florida area code or those presumed to be in the state of Florida. This bill goes even further by using broader restrictions against telemarketers and scammers alike. For example, auto-dialers must now seek written consent from consumers before making marketing calls. Another critical piece of information relevant to all Floridians is that, under this bill, callers are not allowed to make contact with consumers more than three times during a 24-hour period and may also not call between the hours of 8 PM to 8 AM.

Victims can sue for violations of these acts. It is important to maintain a good amount of evidence should you be planning on moving forward with a TCPA lawsuit. Doing so will ensure a healthy amount of evidence that will be useful in a court of law.

  • Records of all calls that are made to you by the telemarketer
  • Recorded conversations between you and the telemarketer, especially those that display yourself requesting them to stop calling
  • Important information regarding the calls such as caller ID or lack thereof, date and time of the call, the telemarketer’s name, and length of the conversation(s) in question

Sharmin & Sharmin Looking Out for Ft. Lauderdale 

Floridians have more rights than they realize regarding unwanted telemarketing and scammer calls. As with all other questions of lawsuit filings, it is always recommended to reach out and solicit the aid of a Fort Lauderdale TPCA attorney. By calling Sharmin & Sharmin at 1(844)-Sharmin (742-7646), you will be eligible to receive a free consultation regarding your case. Reach out to us online or over the phone today to learn about the rights afforded to you by the TPCA.

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