Attorney Ron SykstusIs it just me or does it seem like your cell phone is blowing up? Ok, I know it’s not just me! There is something you can do about this persistent and annoying harassment under the Telephone Consumer Protection Act (TCPA).

What Is the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act (TCPA) is a powerful law that regulates telephone calls to both a home and cell phone. Specifically, 47 U.S.C. § 227(c)(5) sets forth the Do Not Call (DNC) list that is now common knowledge in our country. Click here to go to the government Do Not Call Registry.

How Does the “Do Not Call Registry” Work?

Make sure to get all of your numbers registered on the Do Not Call list. Make sure you keep a copy of the receipts (you’ll get them by email) showing that your number is registered.  It is very important that you actually print this document and save it in a safe place as it would be an exhibit if you had to enforce your rights to stop telemarketers from calling you.

If you start or keep getting calls, answer the call and try to find out who is calling you. Tell them that you are on the Do Not Call list and that you want the calls to stop. Also, make sure you say these words:  “I do not consent to receiving phone calls from you to this cell number, xxx-xxx-xxxx (say your exact number) and if you think I have given you consent in the past, I now revoke that consent permanently.”

You May Be Eligible for Compensation

In sum, get your number listed on the Do Not Call list.  Make sure you have proof of being on the list.  Revoke any prior consent you have given to receive calls on your cell phone.  Figure out who is calling you.  If you do all of that and the calls continue to come (which, unfortunately, they will!), please contact our office nearest to you.  We pursue cases against these annoying callers under the TCPA.  In accordance with the TCPA, consumers are entitled to collect damages ranging from $500 to $1,500 for each unlawful call, fax or text message.

The DNC provision of the TCPA prohibits calls to both cell phones and residential lines. Live calls and artificial or pre-recorded voice messages and texts are prohibited.

If you are contacted in this manner, please feel free to contact our office nearest you to set up a free consultation so that we can discuss your options.

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