Protecting You From Receiving Unwanted Calls And Text Messages
Your cellphone is probably one of your most important pieces of property. It is almost always with you, and it is how you stay in communication with friends, family and everyone else. For these reasons and many more, constant phone calls and text messages from collectors and creditors can seriously disrupt your life.
The good news is that you have legal protections from this invasion of privacy. The Telephone Consumer Protection Act (TCPA) sets forth strict rules for creditors, debt collectors, telemarketers and advertisers about when they can and cannot contact you.
The attorneys at Hays Cauley, P.C., can help stop unwanted calls and unwanted text messages. We may also be able to pursue steep fines from companies for every call and text message that they have made in violation of the TCPA.
Know Your Rights And Protections
Under the Telephone Consumer Protection Act, creditors, collectors and solicitors can only contact you with your consent. In some cases, your consent was buried in the fine print of a contract you signed. But even if you did consent without knowing it, you can revoke consent (orally or in writing) after just one call or text message.
Once you have revoked your consent or told a specific caller to add you to their do not call list, they are legally prohibited from contacting you again through cellphone calls or text messages.
Also, in the event you file for bankruptcy, an automatic stay is put in place preventing most creditors from attempting to collect a debt from you. It is important to discuss your circumstances in great deal with a lawyer regarding any bankruptcy filing.
You Can Sue For Violations Of The TCPA
The TCPA is a federal law that allows you to bring a private lawsuit against violators in either federal or state court. And the amount you can collect could be substantial. Under the law, you can collect:
- $500 for each violation (each call made after consent was revoked)
- Up to $1,500 for each violation deemed willful or intentional by the court
If you are receiving harassing debt collection calls that were intended for someone else: You are still protected under the TCPA and can pursue compensation.
If you are receiving unwanted calls on a landline: The provisions above likely do not apply. However, in both South Carolina and Alabama, you can sue frequent and harassing callers for invasion of privacy.
Want To Stop The Calls? Give Us A Call Instead.
With an office in Florence, Hays Cauley, P.C., represents clients throughout South Carolina and Alabama. To take advantage of a free consultation, call us at 843-773-2782. Or, if you are sick of the phone, you can also fill out our online contact form.