The Term “Prior Express Written Consent” Means:
- an agreement;
- in writing (can be electronic);
- bearing the signature (can be electronic) of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice; and
- the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered.
The written agreement shall include a clear and conspicuous disclosure informing the consumer signing that:
- By executing the agreement, such person authorizes the seller to deliver or cause to be delivered to the signatory telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice;
- The consumer is not required to sign the agreement (directly or indirectly) or agree to enter into such an agreement as a condition of purchasing any property, goods, or services.
- If a consumer has previously provided his or her cell phone number to a creditor or provided express consent to a debt collector, or telemarketer, they can always revoke any prior consent to receiving calls; this can be done in writing or orally.
The TCPA has the potential to result in significant damage awards to plaintiffs who prove violations or abusive tactics. The law was designed to protect consumers against not only debt collectors and debt harassment, but also solicitors, marketers, or advertisers who “won’t stop calling” to the point that becomes harassing to the consumer.
The TCPA entitles prevailing consumers who receive robocalls, auto-dialed calls, or robot calls, from collectors, solicitors, marketers, or advertisers, on their cell phones to:
- Potential Damage Awards of between $500.00 and $1,500 per violative call.
Zebersky Payne Shaw Lewenz, LLP’s consumer attorneys and TCPA attorney are well versed in the regulations, limitations, and protections of the Telephone Consumer Protection Act.
The firm has handled individual and class action cases involving: debt harassment/debt collection harassment, regulatory/corporate compliance, autodialers, robocalls, telephone solicitation, telemarketers, general harassment, consent and lack of consent.