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TCPA FAQ

Updated today

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a law passed in 1991 to protect people from unwanted phone calls and texts. If a company violates this law, you could receive $500 to $1,500 for each illegal call, voicemail or text.


What calls and texts are illegal?

The TCPA prohibits certain types of calls and texts to cell phones and landlines, especially those made without your permission. This includes automated calls, pre-recorded messages, and telemarketing calls to numbers on the National Do-Not-Call Registry.

What is "consent" under the TCPA?

For marketing calls or texts, you must give written permission. For other types, simply providing your phone number is often considered consent. However, you can always revoke your consent by asking the company to stop contacting you.


Is there a minimum number of calls needed for a case?

While there's no strict minimum number of calls or texts required for a TCPA case, we typically consider individual cases with at least 18 violations from the same company. This threshold exists because smaller cases, such as those with only 4 calls or texts, may not be economically viable due to legal costs outweighing potential recovery. It's usually not worth the lawyer's time or money to take on a case like this. However, don't be discouraged if you've received fewer unwanted communications.

Even a small number of violations could potentially form the basis of a class action lawsuit. For instance, if you've received 5 unsolicited calls or texts from a legitimate company, it's likely they've contacted thousands of others similarly. In such cases, we may pursue a class action, allowing you to represent all affected individuals and hold the company accountable on a larger scale.

What about scam calls?

Unfortunately, it's often difficult to take legal action against scam callers who hide their identities. But through our partnerships with other agencies and legal firms, we will share our data to bring these scammers to justice. This is where our main focus and mission is.


How does TrueShield work?

TrueShield operates seamlessly in the background of your device. Once installed, it automatically analyzes every incoming call, voicemail, and text message. No different than your email spam filter. Our expert investigation team then goes to work, performing a deep dive into the digital data. They strive to uncover the identities of scammers and spammers, while collecting evidence of any illegal activities. If we find a solid case, we then work with our partner law firms to begin the process. The best part? All you need to do is install the app and patiently wait.


Is there a minimum number of calls needed for a case?

While there's no strict minimum number of calls or texts required for a TCPA case, we typically consider individual cases with at least 18 violations from the same company. This threshold exists because smaller cases, such as those with only 4 calls or texts, may not be economically viable due to legal costs outweighing potential recovery. It's usually not worth the lawyer's time or money to take on a case like this. However, don't be discouraged if you've received fewer unwanted communications.

Even a small number of violations could potentially form the basis of a class action lawsuit. For instance, if you've received 5 unsolicited calls or texts from a legitimate company, it's likely they've contacted thousands of others similarly. In such cases, we may pursue a class action, allowing you to represent all affected individuals and hold the company accountable on a larger scale.

What do I need to do to start a TCPA case?

If we identify a case, we will contact you and work with you to file a lawsuit. All you do is just sit back and wait until we collect all the necessary information from the telemarketer. Once we gather enough evidence we then go through the litigation process. All you do is wait for the check.

What does it cost to pursue a TCPA case?

Pursuing a TCPA case with TrueShield is designed to be financially risk-free for you. There are no upfront costs beyond the standard app fee, which covers our cloud services. We operate on a success-based model: we only get paid if we recover money for you from violators. In successful cases, our fee is 50% of the recovered amount. This approach ensures our interests align with yours - we're motivated to achieve the best possible outcome.

It's important to note that while we specialize in identifying and collecting evidence against TCPA violators, TrueShield is not a law firm and doesn't provide legal services. If legal action becomes necessary, we collaborate with our partner law firm to settle the case, maintaining our commitment to handling the process on your behalf.

How long does a TCPA case take?

The duration of a TCPA case can vary widely, ranging from as short as three months to over five years. Several factors influence the timeline, including the complexity of the case, the approach taken by the defendant and their legal team, and the strength of evidence on both sides. It's important to note that Federal Courts often face significant backlogs, which can extend case timelines beyond what many would consider prompt.

Despite these challenges, we are committed to pursuing your case efficiently and effectively, always aiming to maximize your recovery as quickly as possible. While we can't guarantee a specific timeframe, rest assured that we work diligently to move your case forward at every opportunity.

Is this legit?

This isn't just our opinion - there's substantial coverage of this law in reputable news sources. Consider these articles, all of which discuss the same legislation:


Are calls from political organizations or calls soliciting for charities covered?

Political calls to landline numbers are generally exempt from the TCPA’s do-not-call rules with some exceptions. However, the TCPA limits the use of autodialed calls, texts, and prerecorded voice messages to wireless numbers. Political text messages sent to a mobile phone using an autodialer require the called party's prior express consent. Messages sent manually can be sent without prior consent.

Charitable organizations enjoy a degree of exemption. However, the situation becomes more nuanced when charities employ third-party telemarketers. In such cases, while the charity itself remains exempt, consumers retain the right to request that a specific charity (or its representatives) cease contact. Should a third-party telemarketer disregard this request and call again on behalf of that charity, they may face financial penalties.

What about recruitment texts?

Solicitations are typically aimed at encouraging individuals to purchase goods or services which is a TCPA violation, whereas recruitment messages, done individually are aimed at recruiting individuals for employment are not in violation.

What about telephone surveys?

Survey calls are generally exempt from telemarketing regulations. However, if a "survey" call includes any sales pitch, it must comply with registry rules. This prevents telemarketers from disguising sales calls as surveys to bypass regulations.


TrueShield app, managed by TrueFrontier Inc., offers a platform for legal information and self-help, but it's important to understand that we are not a law firm. While we provide Legal Information on our website, this content is for your personal use and should not be considered legal advice. We don't assess the accuracy or adequacy of the information you provide, nor do we draw legal conclusions, offer opinions on form selection, or apply laws to your specific situation. For guidance on particular legal issues, we recommend consulting with a licensed attorney. Please be aware that since TrueFrontier Inc. is not a law firm, any communications between you and our company may not be protected by attorney-client privilege. Our service is designed to offer helpful resources, but it's not a substitute for professional legal counsel.

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