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 Delaware, the law provides a variety of remedies to consumers. First, according to the Federal Communications Commission, "consumers who have been contacted in violation of the TCPA may sue for money damages and their attorneys’ fees & costs. In most cases, consumers can sue for up to $500 per TCPA violation or $1,500 for each willful violation." Second, the TCPA also provides consumers with the option to file a complaint with the Federal Trade Commission (FTC). The FTC can take action against telemarketers if they have engaged in "unfair and deceptive practices that violate the FTC Act." Third, the FTC also allows consumers to file a complaint with the National Do Not Call Registry. If a telemarketer is found to have violated the Do Not Call Registry, they can be fined up to $41,484 per violation. Finally, any consumer who has been a victim of telemarketing fraud may be able to recover money through civil litigation. This could include filing a class-action lawsuit against the telemarketer if multiple victims were affected. In short, if a telemarketer violates the Telephone Consumer Protection Act (TCPA) in Delaware, consumers can take advantage of a variety of remedies to seek compensation. This could include filing a complaint with the FTC or filing a class-action lawsuit. Consumers should contact an attorney to discuss which option is best for them.
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