What remedies are available if a telemarketer violates the Telephone Consumer Protection Act (TCPA)?

In California, a consumer can take legal action under the Telephone Consumer Protection Act (TCPA) if a telemarketer violates the TCPA regulations. The remedies available to consumers include both financial compensation and an injunction against the telemarketer. Financial compensation is available for any consumer who has experienced losses due to a violation of the TCPA. This includes reimbursement for actual damages, such as any money that has been lost or stolen, as well as damages for violation of privacy, emotional distress, and any other harm caused by the telemarketer. A consumer may also collect up to $500 for each violation, up to a maximum of $1500 for multiple occasions of the same violation. An injunction may also be obtained in an effort to stop a telemarketer from engaging in future violations. If the consumer can prove that the telemarketer has violated the TCPA, the court may issue an order prohibiting the telemarketer from continuing the violation, or engaging in a similar violation in the future. If a consumer feels that their rights have been violated under the TCPA, they may file a complaint with the Federal Communications Commission, who will investigate and take any necessary action. Additionally, they may also file a lawsuit in a civil court to seek additional financial compensation or an injunction.

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