Telephone Consumer Protection Act

The Telephone Consumer Protection Act, or TCPA, was originally enacted by Congress in 1991 with the purpose of restricting telemarketing calls and the use of automatic telephone dialing systems, as well as artificial and prerecorded voice messages. The TCPA also introduced the requirement that companies making telephone solicitations institute procedures for maintaining a company-specific do-not-call list. In 2003, that requirement was revised to establish a national Do-Not-Call Registry of people who do not wish to receive telemarketing phone calls.

Generally, the rules of the TCPA as they relate to third-party debt collectors are as follows:

• Debt collectors cannot call before 8 a.m. or after 9 p.m., local time.
• Collectors must adhere to requests not to call places of employment after those requests have been made.
• Collectors must provide their name, the name of the entity on whose behalf they are calling, and a means of contact, such as a phone number or address.
• Collectors cannot use an artificial voice or recording to communicate with you.
• Collectors may still call you even if you are on the national Do-Not-Call Registry.

In the event that the TCPA is violated, you could sue for up to $500 for each violation, seek an injunction, or both. In cases of willful violations, you could sue for up to three times the damages for each violation.

Should you ever be contacted by a third-party debt collector, the TCPA is intended to protect you from harassment and other bad behavior. Third-party collectors who operate professionally and have your best interest in mind will never violate the TCPA or disregard your personal circumstances when working with you. We take the rules very seriously at Williams & Fudge, so you can count on us to adhere to the TCPA’s guidelines at all times.