In today’s digital age, communication is more accessible than ever. However, this ease brings challenges, particularly for those who have recently acquired a new phone number. Unwanted texts and calls to someone who just got a new number are becoming more prevalent as numbers are recycled. Unlike a brand-new number, preexisting phone numbers can be associated with numerous telemarketing lists.
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to address the growing number of telemarketing calls and automated systems contacting consumers. The primary goal of the TCPA is to protect consumer privacy and prevent unwanted and intrusive communications. Key protections include:
- Restrictions on the use of automated telephone dialing systems (ATDS) and prerecorded voice messages.
- Guidelines for telemarketing calls, including obtaining prior express consent from consumers.
- Prohibition of calls to residential phone lines during designated quiet hours, typically before 8 a.m. or after 9 p.m.
Wrong Number TCPA Violations
Wrong-number calls often occur shortly after a person receives a new cell phone number. Although these calls from businesses, creditors, or debt collectors may seem like minor mistakes, they can be unlawful. Even if the previous owner had consented to be contacted, companies must also acquire prior express written consent from the new owner of the number.
Compensation for Violations
Solicitors who fail to comply with the TCPA may face significant legal repercussions for each unlawful communication, especially when sending unwanted texts or calls to a new number. Penalties can include monetary fines of up to $500 for each violation. However, if a court determines that the violation was committed knowingly or willfully, the penalties can increase to $1,500 per violation.
Conclusion
If you believe your TCPA rights have been violated through unsolicited texts or calls to your new number, contact our experienced consumer protection attorneys to discuss your options. We offer free consultations and take TCPA cases contingently (you don’t pay unless we win). Maginnis Howard serves clients across the Carolinas from our Charlotte, Raleigh, and Fayetteville offices. To reach an intake specialist, visit our contact page or call us at (919) 526-0450.
