What remedies are available if a telemarketer violates the Telephone Consumer Protection Act (TCPA)?
In Hawaii, the Telephone Consumer Protection Act (TCPA) protects consumers against unwanted or unsolicited phone calls from telemarketers. The TCPA imposes restrictions on prerecorded messages and automated dialing systems, as well as any unwanted, automated calls or texts to cell phones. When the TCPA is violated, consumers may take legal action and seek remedies to stop the illegal phone calls. The Federal Communications Commission (FCC) may grant consumers relief in the form of disgorgement if a telemarketer has illegally contacted the consumer. The FCC may also issue a fine of up to $43,280 for each violation. Additionally, consumers may seek damages from the offending telemarketer in the amount of $500 per call or text, or up to $1500 per call or text if the telemarketer is found to have knowingly and willfully violated the TCPA. Consumers may also recover attorney fees and other litigation costs associated with a TCPA lawsuit. In Hawaii, consumers may file a complaint with the Hawaii Consumer Resource Center or contact the Federal Trade Commission (FTC). The FTC is responsible for enforcing the TCPA and can take action in violation cases. Consumers in Hawaii can also take the proactive approach by registering their numbers with the National Do Not Call Registry which will block telemarketer calls on those numbers. Consumers should also be aware of their rights and remain vigilant when it comes to telemarketers, as they are prohibited from making unsolicited calls and are required to provide their contact information if asked.
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