The Telephone Consumer Protection Act (“TCPA”) is one of the least used, but most effective, consumer protection statutes. A TCPA violation is easy to identify and can often result in significant recovery for the consumer. A debt collector or creditor may violate the TCPA if:

  • They call a cell phone using an automated dialing system.

There are two telltale signs that a phone call was placed using an automated dialing system:

  • When you answer the phone, you are greeted by a recorded voice; or
  • When you answer the phone, you experience a short pause (and occasionally the sound of a click) before a live operator responds.
  • The phone call is placed without your consent. For example,

You never gave his/her phone number to the party placing the call; or

You revoked any prior consent via a written letter, bankruptcy filing or other means.