Unwanted Calls and Texts

The Telephone Consumer Protection Act (TCPA) makes it clear that consumers have the right to be left alone by telemarketers or commercial businesses attempting to call or text them on their mobile phones or residential lines. The TCPA, in part, protects consumers from unauthorized artificial or prerecorded voice calls, unwanted automated spam texts, unsolicited marketing calls or texts to numbers registered to the National Do Not Call Registry, and marketing calls or texts from a business to numbers in which the consumer has previously opted out or revoked consent.

The TCPA Protects Consumers From Unwanted Calls Or Texts

For Texas consumers, some important or key provisions of the TCPA are as follows:

• Prohibits making artificial or prerecorded voice calls to cell phones without prior express consent unless the call is made for emergency purposes.
• Prohibits making artificial or prerecorded voice calls to cell phones that introduce an advertisement or constitute telemarketing (i.e., marketing calls with a prerecorded voice message to cell phones) without prior express written consent.
• Prohibiting artificial or prerecorded voice calls made to residential lines that introduce an advertisement or constitute telemarketing (i.e., marketing calls with a prerecorded voice message to residential lines) without prior express written consent.
• Prohibiting autodialed texts to cell phones that introduce an advertisement or constitute telemarking (i.e., “spam marketing texts” or automated marketing texts to cell phones) without prior express written consent.
• Prohibiting delivery of at least two marketing calls or texts in any 12-month period to a residential line or cell phone registered to the National Do-Not-Call List.
• Prohibiting delivery of at least two marketing call or texts in any 12-month period  to a mobile phone used for residential purposes in violation of the FCC’s internal do-not-call list rules (or the FCC’s company-specific do-not-call list rules).
• Providing you with the right to sue the business and the right to recover up to $1,500 per call or actual damages suffered (whichever is greater), if you are a victim of unwanted calls or texts.
• The right to seek an injunction against the offending business (or culpable parties) in order to prevent further violations of the TCPA.
• Texas consumers may also have the right to bring an additional state-law claim under Texas Business and Commerce Code section 305.053 for violations of the TCPA.

What Does It Cost To Hire A Texas TCPA Attorney?

Unless there is a recovery in your favor, it will cost you nothing to hire our Texas TCPA attorney to pursue a claim for TCPA violations. Kyle accepts select TCPA cases (i.e., involving 30 or more unwanted calls or texts from the same company) on a contingency fee basis. The Firm will only be reimbursed for advanced costs and attorney’s fees if there is a recovery for TCPA violations.

Kyle generally accepts individual TCPA cases involving artificial or prerecorded voice calls, spam marketing texts, and/or do-not-call list violations.

If you believe that you have been the victim of do-not-call list violations, unwanted artificial or prerecorded voice calls, or unsolicited spam marketing texts, our Lubbock TCPA attorney may be able to help you. We are generally available to help consumers located in or near Lubbock, Abilene, San Angelo, Midland, Odessa, Amarillo, Wichita Falls, Arlington, Fort Worth, or Dallas.

The Deese Law Firm encourages you to contact us today at 806.475.0150 to schedule a FREE Potential New Client Phone Consultation.