Edelman, Combs, Latturner & Goodwin, LLC
120 South LaSalle Street, 18th Floor
Chicago, IL 60603
Telephone Consumer Protection Act Lawyers
Unwanted Telemarketing Calls? Junk Faxes, Text Messages & Emails?
Know Your Rights
The Telephone Consumer Protection Act (TCPA) of 1991 and other related laws regulate unwanted telemarketing calls and junk faxes. Specifically, the TCPA and other regulations make it illegal for advertisers to make calls using automatic telephone dialing systems or artificial or prerecorded voice to cell phones or to residential phone lines without consent of the called parties. It also spells out regulations for transmittal of faxes.
The Telephone Consumer Protection Act lawyers of Edelman, Combs, Latturner & Goodwin, LLC, have filed numerous cases complaining of TCPA violations that had affected clients of the law firm.
While senders of junk faxes have challenged the constitutionality of provisions of the Telephone Consumer Protection Act on the basis of First Amendment rights, most courts have upheld it on the ground that it protects consumers from economic harm resulting from unfair shifting of advertising costs from advertiser to customer. The First Amendment has never been held to authorize trespasses for the purpose of engaging protected speech, including unwanted advertising.
To violate the TCPA, a fax must be unsolicited and must advertise the commercial availability or quality of property, goods, or services. Therefore, a fax inviting recipients to attend a political fundraiser is not a covered by the TCPA. A computer equipped with a fax modem and printer or scanner would appear to qualify as capable of sending a violating fax message, thereby making the prohibition applicable to emails as well as faxes.
The TCPA allows private actions by persons subjected to the prohibited conduct to recover up to $500 per violation, or $1500 if it was willful or knowing.
The statute of limitations for filing a lawsuit related to a junk fax is four years. The most important piece of evidence in a junk fax or email case is the fax or email itself. Keep the document, together with any log of incoming faxes generated by your fax machine. If you call the "remove" or "contact" number, keep notes with the date and time of the conversation to assist in identifying the sender.
Text messages to cell phones at the recipient's cost also violate the TCPA.
Learn more about consumer rights pertaining to unwanted faxes or emails through this link.
To discuss your legal options regarding receipt of unwanted telemarketing calls, faxes, or emails, contact the Telephone Consumer Protection Act lawyers of Edelman, Combs, Latturner & Goodwin, LLC.
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The consumer protection and class action lawyers of Edelman, Combs, Latturner & Goodwin, LLC, represent clients throughout Illinois, and in Federal Courts in Illinois, Wisconsin, Indiana, and Michigan, and will consider substantial cases in other jurisdictions.
