Telephone Consumer Protective Act (TCPA)

The Telephone Consumer Protection Act, or “TCPA,” prohibits anyone from calling or texting you using an automated dialing system, unless they had your prior permission. TCPA lawsuits often result when companies won’t stop sending harassing calls or texts to consumers. If you have received unsolicited telemarketing calls or texts, call us at Moore Kuehn for a free consultation to be compensated to the full extent allowed by the law.

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  • With over 20 years of legal experience, the attorneys at Moore Kuehn have never lost a case and will always put your needs first.
  • Our Connecticut attorneys have experience on the prosecution and defense sides of lawsuits, and therefore have unique insights into how the other side will defend their client.
  • You will always have direct access to your attorney.
  • We offer a free of charge consultation on your case and never charge a fee unless we win your case.

Why You Need an Attorney

The TCPA allows anyone that has received illegal unsolicited calls or texts the right to compensation for each and every call or text. Generally, lawsuits brought under the TCPA are class actions, meaning that one person represents an entire class of people that have been wronged in the same or substantially similar manner. Other federal laws come into play depending on the type of unsolicited communication, such as the CAN-SPAM Act and the Junk Fax Prevention Act.

Our experienced Connecticut attorneys at Moore Kuehn are familiar with the federal laws and proper procedures for bringing a successful class action lawsuit against solicitors that violate the TCPA.

What is the Telephone Consumer Protection Act (TCPA)?

The Telephone Consumer Protection Act was signed into law in 1991. This federal law restricts telephone solicitations and automated telephone calls. The TCPA limits calls using a prerecorded or synthetic voice to residences. Additionally, unless you have given your express prior consent, debt collectors, telemarketers, and salespeople, in general, cannot:

  • Send unsolicited advertisements to your fax machine
  • Use an automatic telephone dialing system that ties up more than one business line
  • Call your residence before 8 a.m. or after 9 p.m.
  • Refuse to provide you with their name, business name or entity on whose behalf the calls are being made, and contact information (including telephone number and address)

The TCPA also requires business or solicitors to maintain a “do-not-call” list of customers or consumers that have asked to not be called. The law also requires solicitors to honor the Federal Trade Commission’s National Do Not Call Registry.

Your Rights Under the TCPA

The TCPA allows legal action against anyone that violates the law. A consumer can recover:

  • $500 for each violation of the TCPA, or actual monetary loss, whichever is greater
  • A court order prohibiting the offending calls, text messages or faxes
  • $1500 for each call if proven that the solicitor was in knowing and willing violation of the TCPA

Documenting TCPA Violations

If you believe you are receiving calls, including text messages, or faxes that are in violation of the TCPA, make sure to document each instance as follows:

  • Make a written record of the calls you are receiving, including the date and time of the call, who calls and where they are calling from, and what was said on the call
  • Save phone records showing any calls coming in from telemarketers, robocalls, and debt collectors, etc.
  • Save voice messages from callers violating the TCPA
  • Save faxes from solicitors violating the TCPA

Get Help Today from Moore Kuehn

If you have received unsolicited communication from a telemarketer or others, contact the experienced attorneys at Moore Kuehn for a free case evaluation. For violations of the TCPA, our litigators can help you pursue the maximum compensation for the violations.

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Moore Kuehn maintains an active commercial litigation practice. We work with clients that require personalized strategies and budgets to manage their cases in the most cost-effective way possible.

Companies often engage in deceptive marketing, false advertising, and unfair trade practices, or violate state-specific statutes mandating certain policies and procedures. Such practices drive revenue while inducing consumers to unfairly rely on the company’s misrepresentation.

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Consumers have a right to expect that the products they buy will be reasonably safe to use. Unfortunately, manufacturers sometimes release dangerous products in the marketplace.

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Truck accidents can cause serious, catastrophic, or fatal injuries. If you have been injured or lost a loved one in a collision with a large commercial truck, contact Moore Kuehn as soon as possible.

The Telephone Consumer Protection Act, or “TCPA,” prohibits anyone from calling or texting you using an automated dialing system, unless they had your prior permission. TCPA lawsuits often result when companies won’t stop sending harassing calls or texts to consumers.

CONNECTICUT

Federal law prohibits discrimination against a person with a disability. All Connecticut employers, schools, business owners and landlords must comply with the Americans with Disabilities Act (ADA), which prohibits discriminating against a person with a disability.

Dealing with the aftermath of a serious car accident can be extremely stressful, especially if you have sustained serious injuries and are unable to pay medical bills. Having an experienced attorney on your side to fight for fair compensation will let you focus on what matters, your recovery.

Moore Kuehn maintains an active commercial litigation practice. We work with clients that require personalized strategies and budgets to manage their cases in the most cost-effective way possible. We strive to provide immediate comprehensive advice with preliminary judgments about the client’s exposure, the likelihood of success, and the best way to proceed.

Companies often engage in deceptive marketing, false advertising, or unfair trade practices, or violate state-specific statutes mandating certain policies and procedures. Such practices drive revenue while inducing consumers to unfairly rely on the company’s misrepresentation. Examples include mislabeling a product, making false claims about a product’s health benefits, or improperly applying loan payments.

Moore Kuehn seeks to hold employers of all kinds liable for violations of state and federal employment laws. These lawsuits can take the form of personal lawsuits or employment class action lawsuits, allowing many employees who were wronged by the same employment law violations to join together in a single lawsuit.

Moore Kuehn focuses on all areas of personal injury litigation. Personal injury cases may concern a wide range of facts and claims, such as dangerous products, defective drugs, medical negligence, food contamination, unsafe work conditions, and car accidents.

When a consumer purchases and uses a product, he or she expects it to be safe to use for it’s advertised and intended purpose. A product manufacturer or seller may, through an act of negligence, allow a dangerous and defective product onto the marketplace.

Sexual harassment in the workplace is illegal, and victims have recourse under state and federal law. If you have been a victim of sexual harassment, call Moore Kuehn as soon as possible. Our experienced Connecticut employment lawyers can discuss your options and help protect your legal rights.

Connecticut property owners or operators, with a few exceptions, are responsible for providing safe premises for visitors, renters, and customers. A failure to maintain a safe property for others can result in serious slip and fall accidents, cause serious injury and long-lasting chronic pain.