The Telephone Consumer Protection Act (TCPA) is a federal law that prohibits certain types of unsolicited calls. The TCPA prohibits various types of calls, including robocalls and messages recorded on mobile phones made without the recipient`s consent. The ART applies to text messages and phone calls. Because the TCPA is a federal law, it applies in all states, including California. This means that if you are a California resident, you may be entitled to financial compensation for any prohibited call you receive. Here are some of the most important things to keep in mind regarding your rights under the TCPA in California: The telemarketer cannot conceal the reason for their call. The Federal Trade Commission notes that the appellant must promptly disclose four pieces of information specific to the appellant so that there is no conjecture as to the nature of the call. The telemarketer must disclose to the caller who they are calling on their behalf. In other words, he must disclose the name of his company, but not necessarily his own identity. The recipient must also be informed sufficiently clearly of the reason why the call is being made to ensure that the consumer is not misled. The products offered must be disclosed along with any information about price promotions, for example if a purchase is required to qualify for the prize.
It is also illegal for any commercial phone seller or seller who makes telephone requests to take intentional steps to prevent the disclosure of the name or telephone number of the telephone lawyer to the called party when the device or service used by the telephone lawyer is capable of creating and transmitting the name or telephone number of the telephone lawyer. Created by FindLaw`s team of writers and legal writers| Last updated: 26 February 2018 It is illegal for a business phone salesperson or salesperson to make a business phone call before 8 a.m. or after 9 p.m. local time at the location where the person is called. If you have been charged with telemarketing fraud, you may face a number of criminal and civil penalties under federal and state law. An experienced criminal defense attorney with experience in fraud cases can improve your chances of negotiating a plea deal or getting a favorable verdict in court. If you have been charged, do not hesitate; Call a California defense attorney today. Businesses can access the Do Not Call Registry free of charge for up to five area codes. Access only allows them to see up to about 10 phone numbers at a time to avoid random mass calls. Companies that violate the list can pay fines of up to $16,000 per violation, according to the Bureau of Consumer Protection. This also applies to telemarketing calls to established customers who have asked the company to stop making calls.
Article 17511.5 of the Commercial and Professional Code (requires telephone salespeople to provide specific information at the time of a sale) The telemarketer must also not provide false information about the type of call or the goods and services offered. No misrepresentation may be made regarding the cost and quantity of a product, conditions, restrictions or restrictions on the purchase of the product and counterfeits regarding the performance of the product and what it can achieve. Information on refund and cancellation conditions and other essential information that may influence the consumer`s decision must be provided. Cold calling is one of the least desirable marketing methods for many in the business world and is unlikely to appeal to those on the other end of the cold call. Nevertheless, cold calling is a reality in the business world and an important way for many companies to generate business. However, companies that market their activities and services using cold calling techniques must ensure that they comply with outbound canvassing laws so as not to face hefty fines. A cold call telemarketer cannot call a prospect if the prospect is listed in the Federal Trade Commission`s Do Not Call Register. The only exceptions are if the caller is a family member, acquaintance or friend, or if the intended caller has already given the cold caller permission to call. Persons on the Do Not Call list may also be called if they are already a current customer of the company the telemarketer is calling. If the recipient of the call requests to be placed on the company`s do-not-call list, the company must comply. Business and Professions Code Section 17591 Freedom Forum Institute> Would it be legal for a telemarketer to call me at 1 a.m., wake me up and sell me something? One of the most important laws regarding cold calling covers the hours when the telemarketer can call.
Federal law requires that all cold calls be made between 8 a.m. and 9 p.m. in the time zone where the recipient of the call resides. According to the U.S. Securities and Exchange Commission, these rules don`t need to be followed if the customer has already agreed to call the caller at another time or if the telemarketer calls the prospect at work. Time restrictions only apply to private calls. Read more: How to stop pharmacy telemarketers While consumers typically sue in federal courts under federal telemarketing laws, California law also allows consumers to file a lawsuit against the telemarketer in state court for a preliminary injunction. If a consumer receives further claims within 30 days of an injunction being issued, they can file a new lawsuit and seek civil damages of up to $1,000. In a state lawsuit, consumers also have the option to sue under federal laws, which can provide for up to $500 in fines for each call a consumer receives after being added to the National Do Not Call Registry.
Penalties may be higher if the court finds that the telemarketer intentionally or knowingly broke the law. If telemarketers in California violate the TCPA with illegal phone calls, the recipients of those calls may be eligible for financial compensation. Specifically, consumers may be entitled to a maximum of $500 for each call, text message or fax that violates the ABDP. And if telemarketers or debt collectors intentionally violate the ABCP, consumers may be entitled to up to $1500 per illegal call. Telephone and telemarketing fraud refers to any type of fraudulent scheme in which a criminal communicates with the potential victim over the phone. These can take the form of credit card fraud, international lottery fraud, or investment scam, to name a few. For more information on California`s telemarketing fraud laws, see the table below. Jared Lewis is a professor of history, philosophy and humanities. Since 2001, he has taught various courses in these areas. A former licensed financial advisor, he now works as a writer and has published extensively on education and business. He holds a bachelor`s degree in history, a master`s degree in theology and a doctoral thesis in American history. California`s general theft law is not specific to the method of telemarketing, but it is still enforceable.
Among other things, fraud is criminalized if the following applies: Article 1770 of the Civil Code (prohibition of certain unfair commercial practices) There are state and California telemarketing laws that govern telephone requests. Consumers often report telemarketing fraud to federal agencies such as the Federal Communications Commission (FCC) or the Federal Trade Commission (FTC), but it`s also important to understand how California`s telemarketing fraud laws apply and how they can be enforced. Fraudulent embezzlement: This is a misdemeanor if the embezzled amount is less than $2,350, but in both cases it is punishable by up to 1 year in the county jail and a fine of up to $10,000.