South Carolina Telephone Consumer Protection Act (SCTPPA) Attorney

South Carolina Telephone Consumer Privacy and Protection Act Attorney

Often times, it seems in today’s world that people have very divisive opinions and beliefs, however, everyone can agree on one thing – telemarketers are the worst!  No, I do not need an extended car warranty.  Yes, I’m happy with my insurance.  No, this is not a good time to talk.

The Supreme Court agreed.  As the Supreme Court recently explained, “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls.  The Federal Government receives a staggering number of complaints about robocalls – 3.7 million complaints in 2019 alone.  The States likewise field a constant barrage of complaints.  For nearly 30 years, the people’s representatives in Congress have been fighting back.  As relevant here, the Telephone Consumer Protection Act of 1991, known as the TCPA, general prohibits robocalls to cell phones and home phones.” Barr v. Am. Ass’n of Pol. Consultants, Inc., 140 S. Ct. 2335, 2343, 207 L. Ed. 2d 784 (2020).

How do you make telemarketers stop calling?

First, you should check to make sure your phone number is listed on the national Do Not Call Registry and, if it isn’t listed, you should provide your information. You can verify or register your number on the National Do Not Call list here.  

Second, you can file a claim against the telemarketers and recover money for its violation of your privacy.

• Affirmative Recovery Program
• Antitrust litigation
• Bad faith insurance
• Bid rigging
• Civil conspiracy
• Class actions
• Class action opt-out litigation
• Eminent domain
• Fraud
• No poach
• Negligent Misrepresentation
• Price Fixing
• Telephone consumer protection act
• Whistleblower / Qui Tam
• Unfair business and trade practices

How much can I recover from telemarketers under TCPA and SCTPPA?

The federal government heard these complaints and enacted the Telephone Consumer Protection Act which allows individuals to pursue claims against telemarketers.  The TCPA outlines the amount of damages recoverable.  The standard penalty is up to $500-per-violation.  If those violations are knowing or willful violations, the penalty increases to $1,500.

South Carolina followed suit but made the penalties sting more on the telemarketers.  South Carolina enacted a similar statute to the TCPA called the South Carolina Telephone Privacy and Protection Act (SCTPPA).

The SCTPPA allows you to recover “actual losses” in addition to $1,000 in statutory damages for each violation. Similar to the TCPA, if a judge or jury determines the telemarketer acted willfully, that find increased to $5,000 for each violation.

Keibler Law Group has experience successfully prosecuting telemarketers and recovering money for their invasion of your privacy.  Often times, the smart tactic is to file a class action on behalf of yourself and others similarly situated.  Each case is unique.  If you believe you have a telemarketer claim and would like to speak with an attorney at no cost, please contact Keibler Law Group today.