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Unambiguous Consent to Receive Telemarketing Required


Recent changes to the Telephone Consumer Protection Act, or TCPA, provide additional protection to North Carolina victims of telemarketing, text message blasts, and other solicitations.  Under the TCPA, telemarketers now must receive express written consent to make telemarketing calls and texts.

The Federal Communications Commission, or FCC, submitted these restrictions which require a clear and conspicuous disclosure about what will happen if a consumer consents to receive telemarketing calls and provide that there must be an unambiguous agreement by the consumer.  Previously, there was some question as to whether a consumer had consented to receive telemarketing messages by virtue of providing contact information on an application or through other means.  As of October 15, 2013, there are no exceptions to the rule requiring express written consent to receive telemarketing information, including text messages.

The TCPA provides consumers with the ability to recover for each telemarketing message received in violation of the TCPA with increased recovery for intentional violations by the telemarketer, such as continued calls after being informed of a lack of express written consent or after being told that the number is on the Do Not Call List.

Additionally, companies cannot withhold the product or service in return for receiving this unambiguous consent. If you are a consumer who was required to receive telemarketing calls in return for getting access to a product or service, this is a TCPA violation.

If you are a North Carolina resident who is receiving continuous harassing calls from telemarketers contact the Raleigh law firm of Maginnis Howard at (919) 526-0450 or submit a new case inquiry here.  Maginnis Howard is a Wake County civil litigation firm providing North Carolinians across the state with skilled consumer protection representation. Our lawyers can help you throughout the state including Durham, Chapel Hill, Fayetteville, Wilmington, Charlotte and the federal courts of North Carolina. Contact the firm today for a free consultation to discuss your rights against solicitation calls and text message blasts.