Attorney Peter Isakoff Secures Six-Figure Trial Win under NC's Telephone Solicitations Act

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Have you ever gotten junk telemarketing phone calls or text messages to your cell phone?  Maybe a new timeshare opportunity, a discount sales offer to switch internet providers, or something else similar?  If so, those types of communications are regulated under North Carolina’s Telephone Solicitations Act, N.C. General Stat. §§ 75-100, et seq. (the “NCTSA”). 

The NCTSA is a consumer protection/privacy law, meant to protect individuals from bad business practices:

-        Who does the NCTSA regulate?  The NCTSA applies to “[a]ny individual, business establishment, business, or other legal entity doing business in this State that, directly or through salespersons or agents, makes or attempts to make telephone solicitations or causes telephone solicitations to be made.”  N.C. General Stat. §75-101(10). 

-        Who is protected?  The NCTSA protects “telephone subscribers” – individual consumers getting contact from businesses by phone.  See N.C. General Stat. §75-101(11).

-        What type of business communications does the NCTSA cover?  The NCTSA covers “telephone solicitations,” which it defines as “[a] voice or text communication, whether prerecorded, live, or a facsimile, over a telephone line or wireless telephone network or via a commercial mobile radio service that is made by a telephone solicitor to a telephone subscriber for the purpose of soliciting or encouraging the purchase or rental of, or investment in, property, goods, or services; obtaining or providing information that will or may be used for that purpose; soliciting or encouraging a telephone subscriber's participation in any contest, sweepstakes, raffle, or lottery, whether legal or illegal; or obtaining a charitable donation.”  N.C. General Stat. §75-101(9).  In layman’s terms, it applies to junk telemarketer phone calls and/or text messages to your cell phone.

-        What if I’m on the national “Do Not Call” Registry?  A business explicitly violates the NCTSA if they contact someone on the national “Do Not Call” Registry.  See N.C. General Stat. §75-102.

-        What if I tell a business to stop contacting me?  If you tell a business to stop contacting you, the NCTSA requires them to comply.  You should document this in writing if possible.  Subsequent contact could be an NCTSA violation under N.C. General Stat. §75-102.

-        What if a business is contacting me at odd hours?  Under the NCTSA, businesses can only contact you from 8:00 AM to 9:00 PM.  If they contact you outside those hours, that is an NCTSA violation under N.C. General Stat. §75-102(f).

-        What if a business calls and starts talking to my kids?  Under the NCTSA, businesses must confirm that whoever they contact is 18+.  See N.C. General Stat. §75-102(g).

-        What other things can’t businesses do under the NCTSA?  Businesses can’t “engage in threats, intimidation, or the use of profane or obscene language.”  They also can’t mislead you.  See N.C. General Stat. §75-102.

-        What can I do if a business violates the NCTSA?  The NCTSA allows individuals a private right to sue businesses for NCTSA violations.  See N.C. General Stat. §75-105(b).  The NCTSA allows consumers to recover a civil penalty of $500 for the first NCTSA violation, $1,000 for the second violation, and $5,000 for any subsequent violations.  You can also recover reasonable attorneys’ fees under N.C. Gen. Stat. § 75-105(b).

Attorney Peter Isakoff recently secured a six-figure trial victory against a debt collection company under the NCTSA.  In that case, the debt collector began calling and texting Peter’s client demanding payment on an unrelated person’s consumer debt, even though Peter’s client told the debt collector he didn’t know the person they were calling about, and that he was on the national “Do Not Call” Registry.  The calls and texts persisted even after a legal cease-and-desist letter was sent and an NCTSA lawsuit was filed.  Based on the $500/$1,000/$5,000 NCTSA statutory framework, Attorney Isakoff secured a six-figure trial win.

Consumer rights law is a complex area of law, with detailed statutory rules. If you or a loved one has faced harassing, unsolicited business contact to your phone and you think it may violate the NCTSA, please feel free to reach out to Attorney Peter Isakoff at peter@isakofflawoffices.com or 757-478-3144.