Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) of 1991 was enacted to regulate the explosive growth of the telemarketing industry, the use of automatic telephone dialing systems and artificial or prerecorded voice messages,and the transmission of unsolicited advertisements via facsimile machines. Since then, numerous regulations have been introduced by the Federal Communication Commission (FCC) to enhance the TCPA provisions.

The TCPA provisions provide for statutory damages of $500 per each violation. Up to $1000 can be added per each violation when the violator’s conduct was willful. Under the TCPA, telemarketers are prohibited from directing automatically dialed phone calls or text messages to consumers, unless they obtain prior express consent, and in certain circumstances the consent must expressed in writing. Regardless the penalty, robocalls still represent a nuisance for consumers constantly harassed by telemarketers. In fact, the Federal Trade Commission annual National Do Not Call Registry Data Book for Fiscal Year 2016 shows 5,340,234 consumer complaints for robocalls.

Scott D. Owens and his team are dedicated to stop these robocalls and obtain relief for consumers whose lives are interrupted by these burdensome calls. Scott. D. Owens was one of the first attorneys in the nation to bring an action on behalf of consumers who received spam text messages. In 2012, after at least a year where South Florida consumers were inundated by the “we buy junk cars” text messages spam, Scott D. Owens started investigating pro bono to find the senders of those texts and brought an action in federal court, which spelled the end of that onerous spam campaign.