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The Difference Between an Annoying Call and a Call Violating the TCPA

The Telephone Consumer Protection Act (TCPA) was enacted to stop companies from calling you with annoying pre-recorded messages or auto-dialers.

There are many regulations in place under the TCPA that protect your rights, but—like most things in life—there are also some exceptions to these rules. These exceptions are important to note if you are questioning whether or not a company violated the TCPA when calling you.

Yes, the calls are annoying…but are they actually illegal?

If you are receiving phone calls, they may be exempt from the TCPA if:

  • You gave a company prior express written consent to call you with messages that contain an advertisement or constitute telemarketing.
  • The calls do not include an advertisement and do not constitute telemarketing.
  • A collection agency has prior express consent, which does not have to be written consent. However, is a debt collector calls you and also includes some kind of offer or solicitation, that offer may constitute telemarketing and would require prior written consent.
  • The call was made on behalf of a tax-exempt, nonprofit organization.

The written consent guideline was added in February 2012, so it is still fairly new and there's a chance some companies aren't used to following it yet. Written consent would mean the company gave you notice of the consequences of providing consent and your telephone number. You would signify agreement with your actual signature, which could be obtained electronically as well. Additionally, those pre-recorded messages for marketing purposes need to give you an option to opt out whenever you want to stop receiving calls or texts.

With such frequent updates to technology, it seems like small changes to the TCPA are always on the horizon. If you suspect that a company is violating the TCPA by calling you with automated dialers or robo-calls, the best thing you can do is contact an experienced Los Angeles TCPA attorney. You may be eligible for compensation for your inconvenience—and the violator may be forced to pay your legal fees. Contact the Law Office of Paul Mankin in Beverly Hills at 1-800-219-3577 today for a free, no-obligation consultation.