Q:

What is the TCPA?

A:

The Telephone Consumer Protection Act or TCPA is a federal statute that prohibits certain types of calls, particularly to cell phones. The use of any automatic telephone dialing system or an artificial or prerecorded voice to a cell phone is prohibited, unless you provided consent.

Q:

Is there a time limit for bringing a TCPA case?

A:

Yes. All legal theories have an associated statute of limitations by which you must resolve your dispute or file a lawsuit. Under the TCPA, the statute of limitations is 4 years from the violation. Many times there may be an issue or question as to when the violation occurred. There are often other legal theories that could apply and would have different statute of limitations periods.   It is important to seek legal advice as soon as possible.

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Q:

What am I entitled to if I have a successful TCPA case?

A:

The TCPA provides for $500 and possibly up to $1,500 per violation. So it is important to save voicemails and caller ID logs as well as any cell phone bills that show incoming calls.

Q:

Should I hire an attorney if I feel that my TCPA rights were violated?

A:

Yes. If an attorney is familiar with the law, it makes sense to have someone with knowledge and experience to help with the process.

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Q:

How do I document calls to my cell phone?

A:

Save everything you have!! Voice mails, phone bills showing incoming calls, photos of phone logs and recorded conversations. Prior to recording a conversation, it is very important that you check the law in your state to make sure that it is okay for you to record such conversations.

Q:

What if I feel that my FDCPA or TCPA claim is best brought as a class action?

A:

Call or email my office to discuss the best method for presenting a claim. There are times when presenting a case as a class action makes more sense, particularly when the violation might occur to multiple individuals.

Q:

How do I get started?

A:

Call or email my office now for a fast and personal consultation.