Ferryn N. Zenakis v. Southeastern Emergency Physicians, LLC

Greeneville, Tennessee consumer lawyer lawyer represented the Plaintiff who sued the Defendant on a Telephone Consumer Protection Act (TCPA) violation theory.



The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 to protect consumers from unwanted telemarketing calls, automated calls, and text messages. Here's a breakdown of its key aspects:



What the TCPA Prohibits:



Unsolicited calls and texts using automated dialing systems (ATDS) or artificial/pre-recorded voices: This includes calls and texts to residential phone numbers, mobile phones, and pagers.

Calls and texts to national Do Not Call (DNC) registry numbers: Once registered, telemarketers are generally prohibited from calling or texting those numbers.

Calls and texts before 8 AM and after 9 PM local time: With some exceptions, such as emergencies and debt collection calls.

Sending unsolicited fax advertisements: Businesses must obtain express written consent before sending faxes.



What the TCPA Allows:



Calls and texts from certain entities: This includes political organizations, charities, and debt collectors.

Calls and texts with prior express written consent: Businesses can call or text someone if they have obtained their written permission beforehand.

Calls and texts for certain purposes: This includes emergency calls, calls about debts owed to the consumer, and calls to provide information about certain products or services.



Enforcement and Penalties:



The Federal Communications Commission (FCC) and state attorneys general are responsible for enforcing the TCPA.

Violations of the TCPA can result in civil penalties of up to $1,500 per call or text, and treble damages for willful or repeated violations.



Additional Resources:



Federal Communications Commission (FCC) TCPA webpage: [https://www.fcc.gov/general/telemarketing-and-robocalls]

National Do Not Call Registry: [https://www.donotcall.gov/]

Settled and dismissed with prejudice.