The Telephone Consumer Protection Act (TCPA), enacted in 1991, is designed to protect consumers from unwanted solicitations via phone calls, text messages, and faxes. The TCPA regulates telemarketing practices and restricts the use of automated dialing systems, prerecorded voice messages, SMS text messages, and fax machines for marketing purposes. Businesses that violate these rules face severe penalties, and consumers can take legal action to stop these intrusions.
“Senator Hollings, the TCPA’s sponsor, described these calls as ‘the scourge of modern civilization. They wake us up in the morning; they interrupt our dinner at night; they force the sick and elderly out of bed; they hound us until we want to rip the telephone out of the wall.’” Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242, 1255–56 (11th Cir. 2014) (quoting 137 Cong. Rec. 30821 (1991)).
Instead of throwing your cell phone or being afraid to answer your phone, it is time to turn those phone calls and text messages into money in your pocket. Each phone call in Michigan can entitle you to $250-$4,250 in damages per call.
The Telephone Consumers Protection (TCPA) is the Federal Law to protect consumers from “the scourge of modern civilization” unwanted contacts from telemarketers, creditors, businesses, and third parties. Don’t stop answering your phone, don’t just delete those unwanted texts and turn them into cash.
If you are registered on the Federal Do Not Call List, you have legal rights that you can enforce. If you are not registered on the National Do Not Call Registry, register now. https://www.donotcall.gov/ Once your phone number has been on the National Do Not Call Registry for 31 days, you can start enforcing your rights.
Right to Sue: Consumers have the right to file lawsuits and collect damages for TCPA violations, with statutory damages ranging from $500 to $1,500 per violation, depending on whether the violation was willful or negligent (47 U.S.C. § 227).
Do Not Call Registry: Consumers can opt out of telemarketing calls by registering their number with the National Do Not Call Registry. Violating this rule can result in fines.
Autodialed and Prerecorded Calls: The TCPA prohibits autodialed or prerecorded voice calls to landlines or cell phones without prior express consent from the consumer, except for emergency purposes.
Text Messages: Under the TCPA, unsolicited text messages are also considered “calls” and are subject to the same regulations as telemarketing calls.
Robocalls: The TCPA strictly limits the use of robocalls. Companies must obtain express written consent from recipients before making such calls.
Consumers who receive unsolicited telemarketing calls or texts in violation of the TCPA can:
There is the possibility of what is known as treble (triple) damages if the violators were knowing and willful. Thus a violation of the TCPA goes from $500 per call to $1,500 per call.
The Court of Appeals for the Sixth Circuit held: “a person may recover statutory damages of $1,500 for a willful and knowing violation of the automated-call requirements, § 227(b)(3), and $1,500 for a willful and knowing violation of the do-not-call-list requirements, § 227(c)(5) – even if both violations occurred in the same telephone call.” Charvat v. NMP, LLC, No. 10-3390 (6th Cir. Aug. 30, 2011) (PDF)
The ruling in Charvat v NMP (2011) means that for each call, if both sections 227(b) and 227(c) are violated, there are different harms, moving the per call violation damages to $3,000 if both sections of the law are violated and it was willful and knowing violations.
In Michigan, the Home Solicitation Sales Act (MCL 445.111-445.126) offers additional protections for consumers facing unsolicited calls related to home sale solicitations. The act specifically addresses telephone-based solicitations and works in conjunction with the TCPA to protect Michigan residents from deceptive or intrusive telemarketing practices.
Under the Michigan Home Sale Solicitation Act, damages for violations can be significant. Consumers can recover:
If you’ve been targeted by robocalls or unsolicited telemarketing, understanding your rights under both the TCPA and Michigan laws is essential to protecting your privacy and securing fair compensation for violations.
Verify your number on the Federal Do not call list.
Save every voicemail you get, we recommend saving them with this file name
YYYY-MM-DD-HH:MM-XXX-XXX-XXX
This will give you the time, date, and phone number that was called.
Save a screenshot/screen capture of the incoming call or text message.
Download your monthly detailed phone logs, which show the phone calls you received.
Always keep a log of the calls you get. We a Lighthouse Litigation PLLC have created an Excel Spreadsheet you can use to track calls.
Consumers have (4) four years from the date of the violation to bring a law suit on the matter.
Why file a lawsuit under the TCPA/MHSSA (Fighting Back)
Pursuing compensation for TCPA violations not only helps to address the harm caused by unsolicited communications but also plays a critical role in protecting consumer rights and promoting responsible business conduct. By holding companies accountable, we contribute to a culture of respect for privacy and ensure businesses adhere to ethical marketing practices.
The TCPA is a powerful safeguard against the disruptive and often harmful effects of unsolicited calls and texts. Misdirected robocalls, prerecorded voice messages, or texts to the wrong number violate personal privacy and reflect poorly on businesses that engage in these practices. As a committed advocate for consumer rights, I am here to help you take action, seek justice, and secure the compensation you are entitled to under the TCPA. Don’t hesitate to assert your rights and hold violators accountable for their unlawful actions.