What remedies are available if a telemarketer violates the Telephone Consumer Protection Act (TCPA)?
If a telemarketer violates the Telephone Consumer Protection Act (TCPA) in Alaska, the consumer may take civil or criminal action against them. For civil remedies, the consumer may file a lawsuit in court seeking damages, including the cost of any goods or services purchased, any related losses, and attorney’s fees. The consumer may also obtain an injunction to prevent the caller from engaging in any further deceptive practices. In some instances where the caller knowingly or willfully violated the TCPA, the Federal Communications Commission (FCC) or state attorney general’s office may also take criminal action. If the violation was intentional, the offender may be subject to up to $500 or more in fines and/or jail time. In some cases, the consumer may also be able to receive a payment from a class action lawsuit. This occurs when several individuals file a lawsuit against a single party, usually a business, alleging they have been cheated or injured by the same organization. If the lawsuit is successful, the consumers will share the proceeds. In addition, various consumer protection organizations provide resources to help consumers learn more about their rights and how to protect themselves from fraud. Consumers should be aware of their rights and the laws that protect them when engaging in telemarketing activities.
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